A non-disclosure agreement (NDA) can be a great way to assist in protecting your business’s valuable confidential information, trade secrets, and intellectual property. A poorly drafted NDA can fail to do what is intended, and could become ineffective if not completely unenforceable. There is no one-size-fits-all NDA, but the following clauses will help to ensure… Read More
At first glance, prenuptial and postnuptial agreements may seem to differ in nothing more than their timing: a prenuptial agreement (also known as a “premarital property agreement” or “prenup”) is negotiated and signed prior to marriage; a postnuptial agreement (also known as a “marital property agreement,” “partition agreement,” or “postnup”) is negotiated and signed after… Read More
A healthy and well-defined employer-employee relationship is an essential part of the successful operation of any business. It is important to ensure that the rights and responsibilities within this relationship are understood and agreed upon. A set of policies and procedures that define and enforce this relationship will not only avoid conflict and provide for… Read More
In the absence of any prior arrangements, a business created during a marriage is considered joint property of the couple in Texas. Because of this and in almost all cases, both spouses will have some amount of ownership rights in a business owned by both or either spouse. A business started during the marriage will… Read More
A lease is often one of the first and most important contracts a business will negotiate. Unfortunately, commercial leases are full of traps for the unwary. This article highlights a few of the common pitfalls encountered by businesses when negotiating a commercial lease and offers tips for how to avoid them. Accepting the Terms… Read More
As technology continues to evolve, standard paper and ink contracts are becoming less common. Contracts are frequently exchanged over email, and many businesses conduct a bulk of their business with consumers over the Internet. If your business has not yet embraced the online contract movement, you may be concerned about legality of electronic signatures. The… Read More
Contract negotiation is a skill that is generally perfected over time. Nonetheless, there are several strategies that are proven to be successful. If you are new to contract negotiation or want to brush up on your tactics, check out the tips below. Set Clear Objectives It is advisable to have a clear list of goals… Read More
Have you heard the saying, “If it’s not in writing, it didn’t happen?” As the phrase implies, oral agreements can be difficult, if not impossible, to prove. To best protect your business, all agreements should be put in writing. Unfortunately, many businesses learn this lesson the hard way. Written contracts, even if you are doing… Read More
Businesses are increasingly turning to alternative dispute resolution, or ADR, to settle conflicts with vendors, clients, employees, and even business partners. The upside of ADR is that it avoids the time and expense of litigation; in addition, it often allows the two sides to work together to craft a workable solution. Because many contracts now… Read More
Thanks to the growing popularity of smartphones, it is not uncommon to conduct the bulk of your business over email, including contract negotiation. While corresponding via email can help close a deal more quickly, it can also lead to unintended consequences. For instance, many business owners don’t realize that an email can form a binding… Read More
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