Why using a Non Compete Agreement found on the Internet is a Bad Idea

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A former employee taking customers from a business after having left the company's employ is many business owner's nightmare.  Thus, many businesses try to prevent their employees from competing with them during and even after the employment…

How to Execute a Contract – Good Practice Checklist

You put it in writing, you aced the negotiations, and you are ready to execute the contract.  Don't let down your guard at the last minute!  The following points are worth noting when executing a contract in New York.  While neglecting to…

How to choose New York Law and New York Courts in your Business Contracts when you have no connection to New York

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I don't need to tell you that New York lies at the center of the universe.  But did you know that you can be a part of it by choosing New York law to govern your business contracts and New York courts to decide upon any conflicts arising…

Update to “Conflict Resolution”

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My post on September 14 talked about conflict resolution and the resources available at the American Arbitration Association.  In the meantime, I discovered another great resource for domestic and international arbitration issues: …

Promissory Notes

  What: A Promissory Note (also known as "note" or "negotiable instrument") is a written statement  that evidences that money is owed to you by the author (also known as "maker") of the statement.  You can transfer the note to other people…

Ken Adams’ Thoughts on “For the Avoidance of Doubt”

Many lawyers draft contracts that are too long, too complex, and just badly written. Bad agreements are hard to eradicate, because everybody copies everybody else without thinking twice about it. Agreements should be easy to read and should…

Who should draft the Agreement?

Once you know there will be a written agreement, someone has to draft it.  Should it be your lawyer or the other party's lawyer? Some say make your lawyer insist on preparing the first draft.  I tend to agree with that.  It gives…

Reviewing Agreements 101

1.    You’ve heard it before:  Get it in writing. No exceptions.  All terms should be expressly stated in the agreement, in detail. 2.    Make sure the parties to the agreement are properly identified.  You can save yourself a lot of…