Don’t be a philosopher: Seek the “best option” not what’s “fair”
Some businesspeople and lawyers debate whether proposed contract terms would be fair. I think that’s an unhelpful view of contracts, for two reasons. First, it’s hard or even impossible to define “fair” in contract negotiations. Second, a focus on what’s fair may lead you to reject deals that make economic sense, or to accept deals […]
Don’t redline a redline. Talk!
By David W. Tollen You’re negotiating a contract, and you send your company’s standard form agreement. The other party then marks it up — “redlines” it — and sends it back. What should you do now? Your instinct may be to accept some changes and reject others, and maybe write up a few compromise terms. […]
The Tech Contracts Issue-Spotter
I use the table of contents from The Tech Contracts Handbook as an issue-spotter for software licenses, cloud computing agreements, and other IT contracts. I’m posting the table so others can do the same. Simply peruse the topics listed below and ask yourself whether your contract needs a clause addressing each one. Introductory Material: [deleted] xi […]