Resources for drafting and negotiating better contracts.

Contract Teardown

Force Majeure Clause In A Construction Contract

Companies and individuals have become more aware of force majeure since the Covid-19 pandemic. But with all this talk of foreseeability, do you even need a force majeure clause in a contract?

Mind Miester’s Lease Agreement

As we review a lease agreement with an option to purchase real estate with Erin Edgar, we notice that certain documents are written ineffectively to make it difficult for the other side to exercise their rights. Erin Edgar, who has worked in non-profits for many years and has transitioned to estate planning, delves into a landlord-friendly agreement that is lacking in details, has ambiguous language, and is riddled with legalese. She discusses both what consumers can do at their end and what drafters need to take note of when representing consumers.

Uber’s Terms of Use: Arbitration Clause

Uber’s terms of use is an intriguing and unique document that deeply explores facets of arbitration which other companies usually don’t address. Having worked with numerous tech companies, Farva Jafri, a contracts lawyer from New York, tears down the arbitration section in this terms of use. She explains how drafters can create functional documents by balancing the need for user-friendly terms and a comprehensive document that doesn't miss the details. She tells us both, the backstory of Uber’s terms of use and how it shaped their drafting developments.

Good, Bad, and Ugly Non Disclosure Agreements

Patrick O' Malley, a business attorney, and executive for over 26 years, discusses three non-disclosure agreements: the good, the bad, and the ugly. Patrick has seen many NDAs and has a strong opinion on them, having run the world's first incubator and being involved in a cannabis business. Here, he walks through what a good NDA looks like, and shows some examples of laughably bad ones.

Drafting

Y-Combinator SAFE Agreement Briefing

Matias expounds on his teardown of the Y Combinator SAFE Agreements, discussing why this document is important and some of the common practices to watch out for.

Cannabis Simple Agreement for Future Equity

The primary goal of the cannabis Safe is to address the regulatory complexities that come with raising money in the industry. For example, depending on whether a company is raising a priced round (i.e., selling equity at a fixed valuation) or a convertible security round (i.e., a Safe or convertible note), each triggers different regulatory reporting and/or approval processes.

Negotiation Skills – Art of Manipulation

The role of lawyers in a transaction ranges not only from document drafting and reviewing but also to negotiating. In fact, from my perspective, drafting and reviewing documents are the basic skills that each and every lawyer must be well-equipped with while negotiation technique is what defines an outstanding lawyer.

How to Write an International Commercial Arbitration Agreement

Successfully crafting an international commercial arbitration agreement requires the writer to incorporate certain fundamental elements into the text.

Featured

Law Insider Announces Partnership with Eigen Technologies

Law Insider, the leading contract and clause database, today announces an exclusive partnership with Eigen Technologies, the global Document AI technology provider.

Cannabis Simple Agreement for Future Equity

The primary goal of the cannabis Safe is to address the regulatory complexities that come with raising money in the industry. For example, depending on whether a company is raising a priced round (i.e., selling equity at a fixed valuation) or a convertible security round (i.e., a Safe or convertible note), each triggers different regulatory reporting and/or approval processes.

Law Insider Announces Content Partnership with Laura Frederick

Law Insider is announcing today its partnership with attorney and contracts expert Laura Frederick.

Kanye’s Contracts (Full PDF)

Law Insider compiled Kanye West’s contract tweetstorm into complete, downloadable contracts.

Webinars

Force Majeure Webinar with Farshad Ghodoosi

Force majeure clauses are a hot topic in the post-Covid world. But how can you make more data-informed drafting and counsel decisions for your clients? Professor Farshad Ghodoosi shared his substantive research of thousands of force majeure clauses and cases during an exclusive Law Insider webinar. His insights clarify how courts treat force majeure language and help you craft better clauses.

How to Negotiate Compliance Contract Provisions

Ethics and compliance concerns pervade today’s business world. Companies worry about everything from conflicts of interest to ethics to anti-bribery. Because of their importance, it is critical that we properly address compliance in our contracts. Everyone who works with contracts needs to know what compliance provisions should say and how to negotiate them.

How to Negotiate Payment Contract Provisions

Precise and clear price and payment contract provisions are critical to the success of every commercial deals. While most attorneys and professionals have no problems drafting simple price and payment provisions, they may find themselves challenged when the terms and issues become more complex.

How to Negotiate Cybersecurity Contract Provisions

In this on-demand webinar, our host Laura Frederick speaks with Raella Dyke, Deal Support Lead, Cybersecurity Governance, Risk & Compliance at HP, and Carlyn Epstein, Corporate Counsel at The Clorox Company.

Guides & Checklists

Force Majeure Clauses for a Post-COVID-19 World

Although interest in force majeure clauses has definitely picked up among executives and decision makers, lawyers are still split on best practices.

Building Blocks of Representations and Warranties

A good contract is built on honesty and mutual assurance. Still, it can be hard to know what to disclose up front, and even harder to know how much coverage should be offered to the buyer.

Revise or Replace?

A bad contract can waste everyone’s time, but when is a contract bad enough to toss out the window?

How to Draft Better Indemnity Clauses eBook