Mar 27, 2020

Action Item: Pay Attention to the Notice Provisions of Your Contracts in the COVID-19 World

hand signing contract

FYI – לידיעתך For most of us, our email is flooded with various articles on how to deal with COVID-19 in the business and legal environments.  Because many of us are scrambling to balance being professionals, parents, caregivers, cooks and housekeepers simultaneously, I will keep my message short and actionable. What I have not heard much discussion about is the need to pay attention to the notice provisions in contracts; provisions that are generally viewed as “boilerplate” and not worthy of much focus.  While one can hope the opposing party does the “Right” thing in these times, there will be… Read more

Apr 5, 2018

Casual Use of “Efforts” Language in Contracts Increases Litigation Risk

Contract Negotiation

Take the Time to Negotiate What Is Expected When parties negotiate ongoing obligations in a contract, the parties typically make reference to a particular standard of effort. A number of different terms or phrases are used, such as “best efforts,”  “reasonable efforts,” “commercially reasonable efforts,” “commercially reasonable best efforts,” and “diligent efforts.” But what exactly do these phrases mean, and how are they different from each other? In the push to get contracts negotiated and signed, the use of these terms, without properly defining them, is common. Also common in reviewing legacy contracts is that the same contract can use… Read more