Almost every company has key contractual relationships that are essential to its day-to-day business operations. These contracts include:
- Sales contracts, including general terms and conditions of sale;
- Distribution agreements;
- Manufacturing agreements;
- Sales representation agreements;
- Non-disclosure (confidentiality) agreements;
- Development agreements;
- Franchise agreements;
- Equipment rental or lease agreements;
- License agreements;
- Executive compensation agreements;
- Employment agreements;
- Covenants not to compete;
- Covenants not to solicit customers;
- Covenants not to solicit employees;
- Real estate sales contracts;
- Merger and acquisition agreements.
Having clear contracts that define the rights and responsibilities of the company and the other party should be viewed as a key aspect of efforts to define and manage risks. Legal terms and conditions are not meaningless "boilerplate" or "legalese."
Our lawyers are experienced in evaluating key contractual relationships and in negotiating and drafting contracts that help protect our clients' business interests. Reviewing a company's key contracts, and implementing necessary changes that are customized to the company's business operations can usually be done efficiently and can save substantial costs in the long run by helping to avoid litigation.
One aspect of many contracts that is often overlooked or not given sufficient attention is the dispute resolution process. Some clients prefer multi-tiered dispute resolution provisions, including mediation and arbitration provisions. Other clients prefer being able to proceed immediately to court in the event of a claim. Our lawyers can explain the differences between different approaches and the advantages and disadvantages of each, and draft dispute resolution clauses that meet our client's particular needs.