How to Keep Contracts Out of Court (Part 2)

The key to keeping contracts out of the courtroom is drafting them well and making sure that they accurately capture the parties’ intent. In Part 1 of this post, we discussed five common contract drafting mistakes and how to avoid them. Here are five more. Continue reading

How to Keep Contracts Out of Court (Part 1)

The only contracts that see the inside of a courtroom are those that are poorly drafted or don’t accurately capture the parties’ intent. Here are five contract drafting mistakes and how to avoid them. Continue reading

4 Ways to Help Witnesses Maintain Credibility

When it comes to testifying, the first and most fundamental rule is to tell the truth. In addition to the obvious reasons, it’s hard to trick or trap someone who’s telling the truth about everything. But sometimes witnesses are afraid to admit to mistakes or biases and inadvertently appear less than honest.  Continue reading

Don’t Get Tripped Up on Contract Cross-References

When drafting a contract, it’s often necessary and useful to use cross-references to another part of the contract or a related document. This cuts down on redundancy and helps with consistency. But imprecise or problematic cross-references can make a mess of things. Here are some tips for handling internal and external cross-references. Continue reading

The Pros and Cons of IP Licenses

175660493Does your client need to acquire rights to certain intellectual property (IP), e.g., someone else’s invention or copyrighted work? Licensing IP, rather than purchasing, can be advantageous in many circumstances, but there can be drawbacks as well. Before advising a client to enter into an IP license agreement, consider whether it makes sense given the client’s business needs.

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4 Tips for Defining Contract Terms

thinkstockphotos-616226892When drafting a contract, make sure to give attention to the defined terms portion. Defined terms are important because they allow the use of short-form references for names, terms, and concepts that are frequently repeated in an agreement, thus saving space, improving readability, and assuring consistency. They also encourage the drafter to be precise in stating important concepts and procedures. Use these four tips next time you draft a contract. Continue reading

The Do’s and Don’ts of Cultivating Clients in the Marijuana Field

thinkstockphotos-597927996The following is a guest blog post by Allison B. Margolin, a partner at Margolin and Lawrence in Los Angeles. Ms. Margolin practices criminal defense and civil litigation in both state and federal court.

California’s new law legalizing recreational marijuana has attracted people from all walks of life to the industry. In turn, this will bring new clients to attorneys. But before you represent clients in marijuana-related businesses, consider these tips. Continue reading

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