In the course of day-to-day operations, businesses regularly enter into various kinds of contracts. Some contracts will be created by the business while other contracts such will be presented to the company for execution. Each contract must be negotiated and prepared or reviewed with care and the business must understand its benefits and obligations to ensure it is beneficial to the business.
The firm works with management in developing customized contracts with customers and high level employees. Customer contracts are tailored to the specific business of the client with product, payment and terms of delivery clearly defined and may include a variety of protections from liability such as liquidated damages clauses and disclaimers of liability for lost profits. Executive employment contracts are similarly customized. Although the product is more generic, such contracts may include non-compete and/or non-solicitation agreements, non-disclosure agreement, severance agreements in the event of early termination and other provisions. Independent contractor agreements will contain a detailed description of the service provided, provisions intended to distinguish the contractor from an employee, and other protective provisions similar to the executive employment contracts like noncompete, non-solicitation and non-disclosure clauses.
The firm reviews contracts presented by third party providers to identify and advise clients of the existence of provisions that are in error, ambiguous or designed to protect or benefit the provider, whether such provider is a landlord, lender, digital service provider, or other provider. Where possible the firm will negotiate to lessen or eliminate protections that seem unfair or over burdensome.