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Commercial Contracts With “Hell or High Water” Clauses: When Courts Still Let You Out After Force Majeure
Commercial Contracts With “Hell or High Water” Clauses: When Courts Still Let You Out After Force Majeure
Business agreements often assume that everything will go according to plan, but anyone who’s spent time running a business knows that plans can unravel quickly. A supply chain disruption, a natural disaster, or a sudden regulatory shift can make it impossible—or at least wildly impractical—to perform under an agreement that once seemed perfectly reasonable.
Enforcing Indemnification Rights When the Counterparty Files Bankruptcy Mid-Dispute
Enforcing Indemnification Rights When the Counterparty Files Bankruptcy Mid-Dispute
Business disputes are stressful enough on their own, but when the other party suddenly files for bankruptcy in the middle of the conflict, the situation can feel even more uncertain. One day you’re pursuing reimbursement under a contract, and the next you’re dealing with federal bankruptcy rules that change the nature of your case.
SOC 2 Audit Failures Because of Vendor Risk: Fixing Third-Party Questionnaires Before the Auditor Sees Them
SOC 2 Audit Failures Because of Vendor Risk: Fixing Third-Party Questionnaires Before the Auditor Sees Them
For business leaders, discovering gaps in vendor oversight during an audit can be alarming. Third-party vendors often handle sensitive data, software integrations, or infrastructure services that are essential to your daily operations. If the information collected about those vendors is incomplete or inaccurate, auditors may flag the issue as a significant risk. These types of problems can quickly turn into audit failures, even when your company’s internal security practices are otherwise strong.
What Golden Parachute Provisions Actually Survive Change-in-Control When Private Equity Takes Over?
What Golden Parachute Provisions Actually Survive Change-in-Control When Private Equity Takes Over?
Golden parachute provisions are designed to protect executives in the event of a change-in-control, but not all of these protections survive a takeover, especially when private equity gets involved. These agreements often include severance pay, accelerated equity vesting, and other benefits, but their enforceability can depend on the type of transaction and the specifics of the deal.
How to Interpret Ambiguous Terms in Commercial Contracts
How to Interpret Ambiguous Terms in Commercial Contracts
Commercial contracts often include terms that may not be as clear as they should be. Ambiguity can arise from vague language, missing definitions, or wording that doesn’t reflect what the parties actually meant. When a term is unclear, the parties may disagree on certain obligations, deadlines, or payment requirements. Understanding how ambiguous terms are interpreted can protect your business and reduce the risk of costly disputes.
Strategies for Implementing an Effective Corporate Compliance Program
Strategies for Implementing an Effective Corporate Compliance Program
A corporate compliance program is more than a set of policies; it’s a commitment to operating within the law while protecting your company’s reputation and bottom line. With constant shifts in corporate regulatory expectations, businesses that take a proactive approach are better positioned to respond when issues arise.
What Role Does a CLO Play in Strengthening Corporate Governance?
What Role Does a CLO Play in Strengthening Corporate Governance?
When I work with a company as its Chief Legal Officer (CLO), I focus on guiding leaders to act with accountability and transparency. Corporate governance isn't just about following rules—it's about shaping behaviors and decision-making that align with a company's values and long-term goals.
How to Design a Robust Compliance Program for Small Businesses
How to Design a Robust Compliance Program for Small Businesses
Many small business owners focus on growth and day-to-day operations, which can sometimes lead to important legal and operational responsibilities being overlooked. Compliance programs aren't just policy documents tucked in a drawer; they are proactive approaches to protecting your business, your employees, and your reputation. Developing one thoughtfully can reduce risks, provide clarity for your operations, and give you confidence when making decisions.
What Are the Common Pitfalls in Employment Contract Reviews?
What Are the Common Pitfalls in Employment Contract Reviews?
Employment contracts are a fundamental part of professional relationships. They lay out expectations, obligations, and protections for both employees and employers. As an experienced contract and business services attorney, I’ve reviewed many employment contracts over the years and have noticed certain recurring pitfalls. Missing these issues can lead to disputes or unintended commitments down the line.
How to Avoid Costly Mistakes in Commercial Contract Drafting
How to Avoid Costly Mistakes in Commercial Contract Drafting
Commercial contracts affect cash flow, risk, and long-term relationships, so small drafting errors can have expensive consequences. When businesses work with experienced attorneys, they’re often trying to protect a new deal or fix problems caused by unclear language in older agreements.