General Business
Understanding Basic Contracts: Liability Limitations

We are back with our Understanding Basic Contracts series with a post about the often seen, but little understood, “Liability” or “Liability Limitation” Section. The liability limitation section, much like the indemnification clause, is all about allocating risk and monetary […]


General Business
What’s In a Name: A Primer on Types of Agreements

This is a brief primer regarding the typical names and usages of different types of product and service agreements, particularly in the technology space, so you have a better understanding of what types of agreements you might need for your startup’s services and products; and what to expect from someone else.


Funding & Capital Raising
Negative Covenants in Lending Transactions

In corporate loan agreements, negative covenants are restrictions and prohibitions that are designed to preserve the credit of the borrower as it was when the lender initially made its underwriting decision.


General Business
Loan Agreement Considerations in the COVID-19 Environment

During this unprecedented time, most corporate borrowers are facing a significant decline in revenue and liquidity resulting from the impact of the COVID-19 pandemic. In light of this, borrowers and lenders must consider multiple issues under their loan agreements. Borrowers […]


General Business
Home is Wherever I’m with You: How COVID-19 Relief Affects Homeowners, Renters, and Residential Landlords

“How do you shelter in place without a roof over your head?” Millions of Americans impacted by layoffs, furlough, and the economic downturn caused by COVID-19 are asking themselves this question as rent and mortgage payments loom near. Thanks to […]


General Business
CARES Act: Paycheck Protection Program and EIDL Loan Program

In order to address the challenges faced by small businesses, self-employed individuals, and independent contractors, the CARES Act expands existing loan programs and creates additional loan programs offered through the Small Business Administration (or SBA).


Funding & Capital Raising
Believe In The Value Of Your Product

I ran into a client this morning who told me about a difficult negotiation he’s currently having with a critical customer. The customer represents a significant portion of his startup’s revenues, but servicing the contract is so cumbersome that it […]


General Business
Understanding Basic Contracts: The (Ir)Relevant Title

A client reached out yesterday to ask what the difference was between an independent contractor agreement and a master services agreement. He had two sitting in his inbox – different titles, though they were for the same project. At their […]


General Business
Understanding Basic Contracts: The Payment Provision

I know, it seems like a simple contractual provision. It can be, but a lack of detail in the payment section of a contract can be disastrous. Take the following provision for example: Payment: “Contractor shall be paid $40,000 for […]


General Business
Understanding Basic Contracts: The Indemnification Clause

One of the most confusing, yet critical, sections of a contract is the indemnification section. Hard word, hard section. Hopefully this blog will help. “To indemnify” means to compensate someone for his/her harm or loss. In most contracts, an indemnification […]