A variant of this post was published in Deal Points, the Newsletter of the Mergers and Acquisitions Committtee of the American Bar Association. In mergers and acquisitions, contracts form the backbone of transactions, governing crucial aspects such as liabilities, obligations, warranties and intellectual property rights. The thorough analysis of these contracts is a critical component … Read more
When most people think of a contract, they envision a document filled with dense, complex language that seems far removed from everyday speech. This type of writing, often referred to as “legalese,” is typically associated with professional legal documents drafted by trained lawyers. However, a study by Eric Martínez, Francis Mollicab and Edward Gibson has … Read more
The covenant of good faith and fair dealing is a fundamental principle that governs contractual relationships. It is an implied duty that requires parties to a contract to act in good faith and deal fairly with each other in performing their obligations under the agreement. This covenant serves as a safeguard against actions that may … Read more
Non-competition / Employer: no loss, all gain / Sign the non-compete / Non-competition / Employee: fettered in chain? / Hold the non-compete / More on non-competition agreements here.