TWoTW for July 12, 2009

This Week on The Web.  Interesting articles, stories and thoughts from around the web this past week that are related to contracts, licensing, negotiation or law: AdamsDrafting Wal-Mart Case Raises Issues of Categories of Contract Language Another Instance of Semantic Ambiguity: “Buys” My Response to Someone Seeking Advice on Contract Drafting Contract Interpretation and Contract [...]

WhichDraft.com Document Assembly Tool

I’ve recently been focused on the wealth of new contract management tools that have been released since January 2009.  We started with a tool to help you manage the finished product, then a tool to help you redline your documents.  The missing product for this trinity is one for document assembly.  WhichDraft makes a huge [...]

On the Fastrack, June 19, 2009

I’ve mentioned before that there are a lot of great comics out today that, every once and awhile, touch on contracts and/or negotiation topics. On the Fastrack is another: (Click on it to see it full-sized.) The current economic situation is encouraging many organizations to reconsider their current contractual relationships. Contact me before your opponent [...]

Keeping Track of Your Stuff is Easy with a Good CMS

D.C. Toedt over at On Technology Contracts posted a recent article about keeping track of Insurance Certificates.  He relays a great story about the importance of asking for them, but more importantly, being able to produce them when needed. This is such a simple thing to do when you have a good Contract Management System.  [...]

Audit Surcharge

Sherry Gordon (no relation) over at Spend Matters wrote yesterday on the topic of suppliers charging customers for the privilege of auditing.  No, we’re not talking about just covering the costs of the audit itself, we’re talking about a surcharge on top of the auditing costs – a fee to the supplier for the burden [...]

Data Breach Suit Targets Auditor

Oh boy.  This is gonna’ be really interesting.  If auditors are held liable for their audits (method and/or results), the rules of the game are about to change. The Licensing Handbook Blog is the companion site to the Software Licensing Handbook. Covering licensing topics on a regular basis, Jeffrey Gordon attempts to offer advice, add [...]

Mutuality, or, What’s Good for the Goose is Good for the Gander

In several recent deals I’ve had the very unpleasant tasks of redlining virtually every section of the agreement because I felt that the terms weren’t mutual.  In other words, the language was completely one-sided so that only the document drafter received any benefits under the agreement.  If you’ve never encountered this scenario, these documents are [...]

Customer Audits of Your Contracts

I was recently asked whether I would ever allow a customer to audit my contracts.  The simple answer is No! Of course, the original question wasn’t this simple.  The person asking the question had some interesting constraints.  Specifically, they were licensing software on an exclusive basis, with exclusivity carved out by geographic region.  So a [...]

Salesforce.com calls for End of Maintenance

Below is the contents of an internal salesforce.com memo CEO Marc Benioff shared with Vinnie Mirchandani (and posted on his blog: deal architect).  I’m pasting it here for simplicity’s sake and because of the power of the message itself. “For ten years, we’ve been driven by a simple vision: The End of Software.  Now it’s [...]

How to… redline

When you’re about to enter a contract negotiation, and assuming you’ve not been successful in using your templates, the first step is to review and redline the agreement.  This How-To is intended to teach you the obvious (and not-so-obvious) skills of redlining. Ordinarily, I suggest a quick once-over.  This is a perusal designed to see [...]

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