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Drafting a practical and enforceable non-disparagement provision

USA - January 21 2014 More than once, an in-house counsel has called me up wanting to sue a former employee because s/he has been "bad-mouthing" the company despite having…

Be clear if you want to have a “third-party beneficiary” in your contract

USA - June 27 2013 In a prior post, I noted that if you want all disputes between contracting parties to be resolved in one and only one specific forum, it is…

How to negotiate and draft enforceable liquidated damages provisions

USA - May 3 2012 As suggested in “The Effective Use of Liquidated Damages Provisions,” there can be a fine line between an enforceable liquidated damages provision and an unenforceable penalty clause.

How to Ensure that an Agreement to Negotiate in Good Faith is Enforceable

USA - February 4 2016 As I discussed in a prior blog post, agreements to negotiate in good faith can be enforceable. Nevertheless, I recently was reminded when re-reading…

Be sure that your integration clause remains enforceable

USA - July 26 2012 It is pretty standard fare to have what is commonly known as an “integration clause” in a business contract.