How to Battle a (Patent) Troll

This month’s California Lawyer magazine has a simple and clear explanation of the latest strategies by and against patent trolls. In basic terms, “patent trolls” are entities that own patents but do not use them in their businesses, and instead make money by licensing them and bringing lawsuits against companies who will not buy aContinue Reading

Using Contracts to Deal with Unknowns: Part 2 –“Unknown Unknowns” (Technology Law Letter #9)

In the previous issue of this newsletter, I discussed how to use contracts to protect against “known unknowns,” those events and circumstances for which you know the general category of uncertainty, but not the outcome. This article covers “unknown unknowns,” those events and circumstances that you cannot foresee. Here are several approaches to deal withContinue Reading

Using Contracts to Deal with Unknowns: Part 1 –“Known Unknowns” (Technology Law Letter #8)

In this Newsletter Using Contracts to Deal with Unknowns: Part 1 – “Known Unknowns” From My Blog Ask Harry Boadwee Using Contracts to Deal with Unknowns: Part 1 –“Known Unknowns” Business people deal with unknown facts and circumstances in contracts all the time. Contracts allocate the responsibility for unknowns to one party or the other. Continue Reading

Enter the Hyperwrap Agreement: A New Page in Online Contracts

Software and internet contracts for years have been created by means of “shrinkwrap,” “clickwrap” and even “browsewrap” agreements (although the enforceability of “browsewrap” agreements is somewhat doubtful). Two recent cases from Illinois courts now recognize a type of contract called a “hyperwrap” agreement.  For the business implications, you can scroll to the bottom of thisContinue Reading

The Three Critical Negotiations in Any Contract (Technology Law Letter #7)

In this Newsletter The Three Critical Negotiations in Any Contract Postings from My Blog The Three Critical Negotiations in Any Contract Any contract requires not one, but three, critical negotiations. The first is the negotiation between the two parties to the contract.  Without the “main deal,” there can be no agreement. The second and thirdContinue Reading

The Most Useful Contract Provision? (Technology Law Letter #6)

In this Newsletter The Most Useful Contract Provision? Launch of Technology Contracts Glossary The Most Useful Contract Provision? In my view, the most useful contract provision is the “term” of the contract, in other words, the time period that the contract is legally in force before it expires. Why? Because a very short-term contract (suchContinue Reading

Should You Sign Your Term Sheets? The Power of Commitment and Consistency (Technology Law Letter #5)

In this Newsletter Should You Sign Your Term Sheets?  The Power of Commitment and Consistency Should You Sign Your Term Sheets?  The Power of Commitment and Consistency I recommend using term sheets for most deals other than the simplest ones.  Clients often ask me, “Should we sign the term sheet?” Previously, I told them itContinue Reading

Contract Provisions for Troubled Times: Myths and Realities of Bankruptcy (Technology Law Letter #4)

In this Newsletter Contract Provisions for Troubled Times: Part 4  – Myths and Realities of Bankruptcy Contract Provisions for Troubled Times: Part 4  – Myths and Realities of Bankruptcy Bankruptcy is a clear and present danger to many business contracts, especially in our difficult economy.  Of course, companies can go bankrupt at any time andContinue Reading