Contract Negotiation Tip 002 | Forum Selection Clauses & the Homecourt Advantage

Contract Negotiation Tip 002 | Forum Selection Clauses & the Homecourt Advantage

Playing basketball on your homecourt can give your team a big advantage. In college basketball the homecourt advantage is, statistically, around 4 points. Likewise, defending or prosecuting a civil lawsuit in your homecourt of law can give your business the upper hand. If lawsuits were determined in points and not judicial relief, my bet is the homecourt advantage would be worth a lot more than 4 points. A term in a contract that locks in…

Contract Negotiation Tip 001 | Beware of Arbitration Clauses
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Contract Negotiation Tip 001 | Beware of Arbitration Clauses

Arbitration Clauses in business contracts sound like a great thing on paper. If there’s a dispute, the parties can go before a third-party decision maker and have the matter decided quickly and less expensively than in court. The dispute also remains confidential. While these contract clauses may sound favorable, the truth is they are not included in contracts to protect you in the event of a dispute. If you don’t strike the provision during negotiation…

Danger & Opportunity – Digital Disruption in the Legal Profession

Danger & Opportunity – Digital Disruption in the Legal Profession

President Kennedy said in a 1959 speech “In the Chinese language, the word ‘crises’ is composed of two characters, one representing ‘danger’ and the other, ‘opportunity’”.  The disruptive impact of innovative technology in the legal industry presents a danger for lower level associates and support staff in traditional law firm business models. If this spells “crises” in the legal job market, where will lawyers find “opportunity”? The largest and most powerful firms will be the…