Contractual risk allocation tools are powerful, and therefore commonly subject to negotiation and litigation. However, counsel often overlooks or misjudges the provisions' complexities and impacts. Therefore, parties commonly find themselves facing more liability than they thought they bargained for. This article gives ten key tips to avoid common risk allocation drafting pitfalls and achieve legal and business objectives.
There are many actions that the other party may take during a negotiation that, whether inadvertent or intentional, can help delay or derail the process if you don't respond properly. Here is a second set of ten such scenarios, followed by some brief summary comments regarding how you may wish to respond in each instance.
This Wisdom of the Crowd, compiled from questions and responses posted on the ACC Small Law Departments and Law Department Management Committee eGroups, addresses the issue of disclaimer messages in company emails. The issues discussed include: I. THE DIFFERENCE BETWEEN "GENERAL COUNSEL" AND "CHIEF LEGAL OFFICER" II. TAILORING YOUR TITLE TO SPECIFIC LEGAL DUTIES III. CRITERIA FOR SENIOR COUNSEL
This brief overview (Quick Counsel) describes common mistakes customers and service providers make, and should be aware of, when negotiating cloud services agreements (but is not meant to be an exhaustive list).
This brief resource presents ten guidelines that law departments should consider using when drafting their own law firm guidelines in the United States.
In this Top Ten are some important points for foreign purchasers to consider before entering into negotiations to buy land in Australia.
This brief resource provides ten specific recommendations to be considered in addition to commercial terms and conditions when an international company is negotiating and executing contracts in Mexico.
Partnering with universities is key to many research endeavors. Understanding the issues that both public and private universities encounter is crucial to ensuring great partnerships. This session will seek to address some of the recurring legal issues from the viewpoint of the universities and those organizations that contract with them.
Discuss how to approach contract negotiation and drafting across jurisdictions and legal systems. Gain insight into techniques and tools to monitor and manage the risks involved with having contracts across several jurisdictions. Identify resources that in-house counsel of international businesses implement to manage such risks, such as country managers, outsourcing, risk guidelines, documented authority delegation and reporting. Discuss challenges and best practices in enforcing contracts across jurisdictions.
Panelists will review common pitfalls when transacting with foreign governments, including governing law/dispute resolution, tax issues and intellectual property, and will discuss strategies for avoiding those pitfalls.