Category Archives: Contracts, Licenses & Deals

How to Protect Long-Term Investments in Operational Contracts (Full Article)

Consider one of the most difficult issues you’ll ever encounter when negotiating a contract: one party must make a large, long-term investment for the deal to work, but won’t sign the contract unless its investment (and its return on the investment, or ROI) is adequately protected. Introduction This article discusses several practical ways to protect… Continue Reading

10 Tips for Bringing Your Business to the Web

Starting up a business, or entering a new market channel, is never easy.  Starting a business on the World Wide Web (the web), or moving an existing “offline” business there, requires not only effort and risk, but also demands new knowledge and skills.  These tips should help reduce your risk in bringing a business to… Continue Reading

Basic Tools for Dealmakers – Part 2 of 2

Continued from Part 1 You can use an Escrow to ensure the payment of money or delivery of property (such as source code of software) based on future conditions. The escrow agent, which may be a title agent, an escrow company or even your attorney, is the third party that holds money or property for… Continue Reading

Basic Tools for Dealmakers – Part 1 of 2

As a dealmaker, you have several tools at your disposal. They are often applied reactively as a deal progresses. If you survey your toolkit in advance, and apply the right tool to the right business need, you will close better deals, more quickly. Here are some helpful tools to keep close at hand. They are… Continue Reading

Welcome to California: A Very Short Introduction to Several California Laws that Affect Out-of-State and Foreign Businesses

California is a leader in new trends and lifestyles, and a world leader in developing and commercializing new technologies. Also, however, California often “goes its own way” when developing laws and regulations. Here are just a few of the quirks of California law that I raise most often with my clients both outside (and inside)… Continue Reading

How to Protect Long-Term Investments in Operational Contracts (Technology Law Letter #10)

In this Newsletter How to Protect Long-Term Investments in Operational Contracts Cyberspace Primer Recently Released Fifth Anniversary Special: My Book, Protect Your Business with Non-Disclosure Agreements How to Protect Long-Term Investments in Operational Contracts Consider one of the most difficult issues you’ll ever encounter when negotiating a contract: one party must make a large, long-term… Continue 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 with… Continue 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 this… Continue 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 third… Continue Reading