Category: Business Practices

The Purchase Order That Wasn’t

This morning, there was an article in the Proformative Member Digest that peaked my interest. (Wayne Spivak, What Do You Do When the Purchase Order Terms Are Outrageous.) The writer had received a Purchase Order from a client to look

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Electronic Health Record (EHR) Contracts

The contracts to obtain Electronic Health Records (EHR) systems are just as difficult to understand as any other large software system deployment agreement. The deployment of EHRs is mandated, and medical practices of all sizes are implementing systems. Others are

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High-Tech Nondisclosure Agreements

High-Tech nondisclosure agreements present unique difficulties to the high-tech enterprise. Its intellectual property rights are its greatest asset. Consider: 1. Some large companies will place language in the nondisclosure agreement (NDA) that claims ownership of any intellectual property produced by

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Drafting Commercial Contracts: The Problem

Too many companies drafting commercial contracts focus solely on the legal necessities, “winning” the negotiation and covering all of the possible risks. None of the above are bad things, though achieving all of them is unlikely in a fair transaction.

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The International Sales Agreement – Some Differences

Negotiating an international sales agreement requires additional care and work to be accomplished successfully. The foreign sales agreement, even if no strategic alliance is created, will be based on a different level of trust and personal comfort than a domestic

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The Escalation Procedure

An escalation procedure commits people on both sides of a contract dispute to meet and attempt to resolve it without costly arbitration or litigation. Here is how this procedure might work, using a service agreement as an example: First, the

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If the Nondisclosure Was a Hassle, Wait Until the Definitive Agreement

If you have trouble negotiating the nondisclosure agreement, you will have equal or greater difficulty achieving the definitive agreement(s). When a mutual NDA was sent to my client, the other company was well-protected while the definition of my client’s confidential

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International Business Negotiations

I have engaged in international business negotiations in more than ten countries around the world. Each transaction presented its own challenges. Different Culture, Different Negotiation Strategy A different culture means a different negotiation strategy. That does not mean that you

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One Big Thing to Watch For in a Nondisclosure Agreement

Occasionally, we come up against something that we see rarely, but is of high importance. This is definitely a “forewarned is forearmed”. The Situation Our client had received a “standard” Nondisclosure agreement from a potential customer, along with the draft

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Nondisclosure Agreement Tips

Here are some useful nondisclosure (or confidentiality) agreement tips. They are based on 20 years of business experience with these types of agreements.  Defining What Is Confidential The criteria concerning what is required to make information confidential depends on whether

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