Contracts are the very backbone of every business. But it’s important to note that as your business grows, so does the chaos, from folders full of PDFs, to email threads with attachments, to missed deadlines, and unsigned pages. That’s where Contract Management Software (CMS) comes in. It helps SMEs (Small and Medium Enterprises) move from […]
How to Build a Contract Workflow for Your Business – A Smarter and Better way to Handle your Contract
For a lot of startups, small businesses or SMEs, most contracts are signed, scanned, left alone, forgotten and abandoned, until an issue or conflict springs up. The thing is most small businesses and startups handle contracts on a reactive basis: you only think about them when something goes wrong. But contracts aren’t just documents, they’re […]
The Overlooked Importance of “Assignment” Clauses in Mergers and Acquisitions
In the high-stakes world of mergers and acquisitions (M&A), the assignment clause is often overlooked—until it becomes a deal-breaker. This seemingly mundane provision governs whether a party can transfer its rights and obligations under a contract to another entity. For business executives and legal teams navigating M&A transactions, understanding the nuances of assignment clauses is critical. This article […]
Governing Law Clauses: Why Jurisdiction Matters More Than You Think
When drafting contracts, many businesses treat governing law clauses as a mere formality. However, these clauses play a critical role in determining which jurisdiction’s laws will apply in the event of a dispute. In an increasingly globalized economy, the choice of governing law can have far-reaching implications for your business. This article explores the importance of governing law […]
The Silent Power of “Force Majeure” Clauses in a Post-Pandemic World
Introduction The COVID-19 pandemic brought the force majeure clause into the spotlight like never before. This once-overlooked boilerplate provision became a lifeline for businesses navigating unprecedented disruptions. But what exactly is a force majeure clause, and how has its role evolved in a post-pandemic world? In this article, we’ll break down the key concepts, analyze real-world cases, and provide practical […]
Severability Clauses: What Happens When One Part of a Contract is Unenforceable?
Severability clauses (also known as salvageability or separability clauses) act as a safety net and ensure that if one part of a contract is found to be unenforceable, the rest of the agreement remains intact.
The Hidden Risks of “Entire Agreement” Clauses: When They Don’t Protect You
Introduction Boilerplate clauses are often seen as standard, non-negotiable provisions in contracts. Among these, the “Entire Agreement” clause is one of the most common. Its purpose is to ensure that the written contract represents the complete and final agreement between the parties, excluding any prior discussions, promises, or representations. However, this clause is not as foolproof as […]
Using BATNA (Best Alternative to a Negotiated Agreement) in Contract Negotiations
Introduction In the realm of contract negotiations, having a strategic advantage can be the difference between securing a favorable deal and enduring unfavorable terms that hinder your business growth. One powerful tool that can provide this advantage is BATNA—Best Alternative to a Negotiated Agreement. For startups and business owners, understanding and effectively utilizing BATNA can […]
Intellectual Property in Contracts: Licensing and Ownership Clauses – A Guide
Introduction In the competitive landscape of modern business, Intellectual Property (IP) serves as a cornerstone for innovation, branding, and strategic advantage. For startups and business owners, effectively managing IP through contracts is crucial to safeguarding creations, monetizing assets, and fostering sustainable growth. Central to this management are licensing and ownership clauses, which delineate the rights […]
Dispute Resolution Clauses: Choosing Between Arbitration, Mediation, and Litigation
Introduction In the intricate tapestry of business operations, contracts serve as the foundational threads that bind agreements between parties. However, even the most meticulously crafted contracts can encounter disagreements or unforeseen circumstances that require resolution. This is where dispute resolution clauses come into play. These clauses outline the methods by which parties will address and […]