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Why You Should Review Key Contracts Before You Sell Your Business

A company’s key contracts represent a valuable business asset. Thus, it’s crucial that the contracts remain in force as a business changes hands from the seller to the buyer when the business is sold. Although deal lawyers generally describe their practice as involving "mergers and acquisitions," the sale of a small or medium-sized business is […] Read More

Revisiting an Experiment in Crowd-Sourcing Contract Language

In a fun little experiment recently, I set up a question on Quora, "What's the best anti-assignment provision in a contract ever?", and invited people to submit clauses for the crowd to vote on. Of course, asking what's the best provision ever is a bit of a trick question, because the answer depends on the […] Read More

Email Held Not Sufficient to Transfer Copyright

I’ve written on occasion about the effectiveness of electronic communications to create binding contracts. For example, in Contracts Quiz: Is This Email Settlement Binding? I discuss a recent case in which a court found that an exchange of emails created a binding settlement agreement, and “NO LIMIT” + “Awesome!” = Contract Modification considers a pithy […] Read More