Hot on the heels of rollout of my webcast with Steven Davidoff, I’m now offering an in-house seminar built around my book The Structure of M&A Contracts. Over the course of 2.5 hours, we’ll review the key topics, then consider a stripped-down contract cunningly edited to raise issues that the buyer or the seller would want to spot. In a … Read More
Recently I had an email exchange with someone who has a different view of how to put contract drafting on an efficient footing. He closed our exchange by noting, genially, that “we’ll agree to disagree.” But he evidently mistook me for someone more easygoing! Progress requires that good ideas prevail over not-so-good ideas. I do my best to come up … Read More
We’ve reduced from $195 to $50 the cost of subscribing to Koncision’s confidentiality-agreement template for purposes of creating a contract for a single transaction. This subscription option will give you access to the template for three days. To subscribe, go here [link no longer available]. We’re taking this step because we want to make it easy for you to see … Read More
In my recent post on moral turpitude, I noted that I found odd the phrase “its reasonable but good faith opinion.” I thought I should take a more general look at the relationship between those two concepts. In this post, I considered a side issue—use of reasonable and reasonably. Now it’s time to address the main questions: When should you … Read More
I’m a big believer in the notion that until you name a phenomenon, you likely don’t understand it thoroughly. So I’ve given names to plenty of features of contract topography; I’ll be happy if half of them stick! In that spirit, my recently published book The Structure of M&A Contracts offers some new terminology. Now that the usual post-publishing dread … Read More
Much of the recent blogosphere discussion of stratification in the legal market has alluded to the “bet the farm” and “law factory” law-firm models. (Mad props to Ron Friedmann and Toby Brown for offering those terms in this post.) But the two models perhaps don’t represent as clear a dichotomy as you might think. For one thing, “bet the farm” suggests a … Read More
Unless you give something a name, it doesn’t really exist. So allow me to introduce to you Koncision Customized, a service offered by Koncision and Business Integrity. It works like this: If you like Koncision’s confidentiality-agreement template but you’re looking for greater control and you want template language that’s customized to fit your needs, you should consider Koncision … Read More
To make it easier for you to see the advantages that Koncision offers, I’ve added the following features: Go here [link no longer available] to see how you can test drive the confidentiality-agreement template without charge. Go here [link no longer available] to see a sample contract created using the confidentiality-agreement template. I hope these resources will make it even … Read More
In my recent post on moral turpitude, I noted that I found odd the phrase “its reasonable but good faith opinion,” and a couple of commenters weighed in on that. So I thought I should take a more general look at the relationship between those two concepts. But I’ll start by considering in this post how the notion of reasonableness … Read More
Two people with a lot of contracts experience have told me that they think that Koncision’s confidentiality-agreement template contains too many questions. They suggested that I whittle down the questions and incorporate in the template a middle-ground position with respect to the topics addressed in those questions. I’m grateful for the input I’ve received, but that’s a suggestion I won’t … Read More
