Our Practice

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Another productive collaboration with LawInsider.com – a platform for boutique law firms and solo practitioners. This time, I dove into International Arbitration which has been a fast and steady growing practice.

The e-book International Arbitration: What It Is and How It Works looks at the global practices highlighting some of the major players in the industry, key benefits of the process, and practical tips.

Download your FREE copy of this e-book here:

https://knowledge.lawinsider.com/international-arbitration/ 

Yet another productive collaboration with LawInsider.com. 

The e-book Is Your Arbitration Clause Complete? addresses whether ADR (Alternative Dispute Resolution) is a good option for the business, and if it is, what type of ADR should be chosen. It also describes the essential components of an arbitration clause and provides helpful tips on drafting the clause. 

Download your FREE copy of this e-book here:

https://knowledge.lawinsider.com/is-your-arbitration-clause-complete/

Excerpt from "The Deconstruction of Joint, Several, and Joint & Several Liability Clauses": "Joint, Several, and Joint and Several Liability clauses can get messy, but no attorney can afford to misunderstand them. These clauses are essential for divvying up liabilities among multiple parties.

An important starting point: note that this trio is really three, distinct provisions: Joint, Several, and Joint and Several Liability. Each serves its own purpose and has its place in contractual agreements."

The Deconstruction of Joint, Several, and Joint & Several Liability Clauses. Law Insider. https://www.lawinsider.com/resources/guides-and-checklists/the-deconstruction-of-joint-several-and-joint-several-liability-clauses

This e-book is intended to enhance the reader's familiarity with and understanding of the topic. It also aims to equip drafters with strategies for creating well-balanced and fair customer-adhesive agreements that will never be seen in a courtroom. This book does not address the issues of contract formation or defenses to such. The strategies and tactics offered here are not all-inclusive, nor are they the only means for improving adhesive agreements. 

How to Make Contracts of Adhesion Less Adhesive. Law Insider. https://knowledge.lawinsider.com/adhesion-less-adhesive/

As we move away from ink and paper, those "wet" signatures that have been used and enforced legally since the 1600s are becoming relics. Today, the United States Federal Government and nearly all state governments support electronically signed documents with laws to enforce and protect their use. All have increasingly equated electronic transactions and signatures with paper-on-ink documents. At the federal level, the Electronic Signatures in Global and National Commerce Act (the E-Sign Act) became law in 2000. At the state level, the Uniform Electronic Transactions Act (UETA), makes the E-sign Act applicable to electronic signatures and transactions governed by state laws.

E-Signatures: No Pen or Paper Required. Law Insider. https://www.lawinsider.com/resources/guides-and-checklists/e-signatures-no-pen-or-paper-required

For parties entering a business arrangement, an ideal starting point is the Term Sheet, a document that outlines initial key terms and understandings.  Although  that document may come under different names- Term Sheet, Letter of Intent(LOI), Memorandum of Understanding(MOU), Letter of Agreement- its function is essentially the same. Although not every transaction necessitates it, a Term Sheet can be of great benefit in a wide range of transactions, including commercial negotiations, mergers and acquisitions (M&A), lending arrangements, joint ventures, and real estate transactions.

Contracts from the Beginning: Term Sheet. Law Insider. https://www.lawinsider.com/resources/guides-and-checklists/contracts-from-the-beginning

Excerpt from "Gender Verification Policies in Elite Sports":

There have been decades of unsuccessful attempts to develop a fair and adequate gender verification test. The initial test, which used to be accomplished by visual observation, has evolved into a highly sophisticated molecular-level evaluation. Numerous elite-sport athletes exemplify the struggles the testing evolution has caused them. Furthermore, our deeper understanding of the human anatomy reveals an array of intricacies and variations that might nudge us to not only relax the current rigid definitions of “male” and “female,” but also to forgo the efforts of confining it into a single description. Furthermore, while the major sport authorities have been relentlessly chasing this elusive end of establishing the policy, the need for having the test has possibly become moot.

Bio: https://www.chapman.edu/law/_files/publications/2017-dsj/author-bio.pdf 

Link to Full Article: https://www.chapman.edu/law/_files/publications/2017-dsj/isyanova.pdf 

Excerpt from "Employment Agreement Fundamentals":

Whether you own a small company or a megacorp, one of the fundamental benefits of employment contracts is that they establish a clear understanding between the parties. To illustrate, a comprehensive contract between a large corporation and a new chief executive, who will steer the enterprise, is crucial to the well-being of the company and its employees. In that case, the impact of the executive’s actions is significant. Therefore, it is vital to document the expectations of both sides, including performance expectations and review, compensatory structures, and procedural obligations. One should also outline any acceptable and unacceptable causes of termination of the relationship, including opportunities for negotiation and the details of any severance package. Written employment agreements may also be useful for smaller companies and non-executive positions for the same reasons.

Employment Agreement Fundamentals. Law Insider.

https://www.lawinsider.com/resources/guides-and-checklists/employment-agreement-fundamentals