Working with Contracts
Author: Charles M. Fox
Publisher: Practising Law Inst
Working with Contracts provides you with the practical legal, business, and technical knowledge you need to grasp the nuts and bolts of transactions and draft customized agreements that meet clients' goals.
Basic Contract Drafting Assignments: A Narrative Approach is a unique supplement of contract drafting exercises designed to be used with any contracts or drafting course book. Instructors who want to incorporate drafting exercises into the classroom experience will find an invaluable asset in his supplement, which provides students with the tools necessary to develop skills that can be applied to various types of advanced transactional work. Divided into four interest-catching sequences, this concise paperback takes a narrative approach, and gives students the opportunity to learn by doing: The first assignment in each sequence introduces the clients, their businesses, and their needs. In the second and third assignments those clients evolve and grow, and their business needs change. Each sequence features assignments of varying lengths and types, including gathering information, interviewing the client, outlining the issues that need to be considered from both sides of the table, and drafting the necessary memos, letters, and final contract. The assignments focus on methodologies in four areas: How to conceptualize in writing the parties rights, duties, risks, and protections. How to organize a contract on both the macro and the micro levels. How to draft for clarity and enforceability. How to express boilerplate terms. Additional resources for students and instructors include: Entertaining and informative appendices, among them What Deal Lawyers Say to Each Other: A Dictionary of Contract Negotiation and Drafting Slang Ten Tips for Interviewing a Client about a Transaction Decoding the Comments on Student Contracts: Some Samples with Illustrations Basic Contract Drafting Assignments will augment and enhance any book you are currently using by providing a wealth exercises that will help students learn real-world drafting techniques and skills.
Author: Tina L. Stark
Publisher: Wolters Kluwer Law & Business
An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises
Revised editon of the author's Essential concepts of business for lawyers, 2012.
Basic Legal Drafting
Author: Anne Rutledge
Publisher: Createspace Independent Pub
BASIC LEGAL DRAFTING offers down-to-earth instruction on how to draft well-organized and clearly articulated legal documents. A culmination of twenty-five years of teaching in the highly regarded Legal Drafting Program at the University of Florida College of Law, the book is designed to be used as a resource for law students and practicing attorneys, as well as a textbook for drafting classes. The text is particularly strong in its discussions of how to organize a document, often the most difficult task facing a drafter and typically under-addressed in other drafting manuals. Equally useful are the very concrete recommendations on how to articulate the language of a document in order to achieve clarity and precision. The text helpfully distinguishes traditional drafting principles from common conventions and stylistic preferences. The litigation chapter addresses complaints, answers and motions. Useful examples range from a simple negligence complaint to a complex statutory-based multi-count complaint and appropriate responses. The contracts chapter includes an extensive discussion, with examples, on how to create for any contract a logical, coherent framework that underlines the drafter's (and presumably the client's) intentions. The chapter addresses in detail the articulation of particular provisions, including definitions, termination and exculpatory provisions. Its comprehensive discussion of how to recognize and avoid various types of ambiguity will prove useful beyond the contract drafting context. The legislation chapter identifies common legislative protocols and applies, within those protocols, many of the organization and articulation principles set out in the contracts chapter. While the text uses litigation documents, contracts and legislation as the bases for its discussions, Basic Legal Drafting offers practical, realistic advice and instructions that will be useful to the drafter of any type of legal document.
Drafting Effective Contracts
Author: Robert A. Feldman, Raymond T. Nimmer
Publisher: Aspen Publishers Online
The professionaland’s favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process and—from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. By Robert A. Feldman and Raymond T. Nimmer A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contractand— giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract processand—from conducting the initial client meeting to closing the deal. Youand’ll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how theyand’re assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements and—such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then youand’ll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.
This book is a practical, brief, to-the-point text covering the fundamental working parts of a contract and how one should be prepared. It provides an overview of the issues and processes involved in drafting contracts and transactional documents. It enables students to analyze the basic structure of contracts and other deal documents and develop the macro and micro techniques used to efficiently create those documents with precision and clarity. It provides the principles necessary for an understanding of the common structures of transactional documents and their provisions that can then be applied to specific transactions. Beyond structural drafting, this book also covers some of the substantive laws that may affect contracts. This book provides a standard structure that is ideal for a two- to three-credit-hour course taught by full-time or adjunct faculty.
This resource educates lawyers and business professionals on how to draft "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions that generally appear at the end of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. This analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's proposed provision.
Textbook on Contract Law
Author: Jill Poole
Publisher: Oxford University Press
Klein, Coffee, and Partnoy's Business Organization and Finance, Legal and Economic Principles, 11th explains the basic economic elements and legal principles of business organization and finance. It is the best additional resource to assign to students for background. It distills in a straightforward and accessible way the essential elements of these often complex topics and explains the basic economic elements and legal principles of business organization and finance with concise, conceptual overviews. It contains a detailed introduction outlining the essential functions of corporate law. It contains an invaluable new section covering recent developments in financial markets, the financial crisis, the role of derivatives and financial complexity in the modern corporation to give students background on modern financial issues. An authoritative introduction to the law, the Foundation Press Concepts and Insights Series offers law students concise, conceptual overviews of important areas of law, as written by leading scholars. Students reap the benefit of the authors' expert opinions, insight, and experience, with illustrative case studies, case notes, and examples. The paperback texts also contain thought-provoking questions designed to generate classroom discussion and hone students' legal reasoning.
Drafting and Negotiating Commercial Contracts, Fourth Edition is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts.This book includes:- A guide to the common legal issues in negotiating and drafting contracts- An explanation of the structure and content of a commercial contract- Good and bad practice in drafting (and in using clear, modern English)- The meaning and use of commonly-used words, phrases and legal jargon- The formalities for creating and signing contracts- Guidance on the interpretation of contracts- Steps to take, and what to check for in a contract to eliminate errors (including lists of what to check for in different situations)- Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents- Drafting and legal issues when contracting with consumersThe Fourth Edition has been fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation.Drafting and Negotiating Commercial Contracts, Fourth Edition is for everyone who wishes to understand, or has to negotiate or draft, a commercial contract. This includes commercial lawyers, contract managers, in-house lawyers, lawyers in private practice, LPC course tutors and law and business students.
Heather Meeker's Open Source for Business is a practical, readable guide to help businesspeople, engineers, and lawyers understand open source software licensing. Based on the author's twenty years as an attorney working at the crossroads of intellectual property and technology, this guide explains the legal and technical principles behind open source licensing so you can make the right decisions for your business. It offers tips on using open source, contributing to open source projects, and releasing your own open source software. You'll also find quick-reference tables on the major open source licenses, plus forms and checklists you can use to promote compliance. In this book, you will learn . . .* Why open source is not a "virus"* What the GPL is and how to handle it* When and how to conduct open source audits* What a user-friendly open source policy looks like* How to avoid and respond to open source enforcement claims* How to use open source to fight patent infringement claims* How to manage trademarks for open source products
How to Play the Game
Author: Darren A. Heitner
How to Play the Game provides a basic understanding of the legal issues surrounding sports. It is the go-to source for anyone interested in getting into the field of sports law.
The Essential Associate is for young lawyers who aspire to grow, succeed, and advance on a partnership track at a law firm. It addresses the dual imperatives that young lawyers must grapple with: becoming an excellent lawyer and developing a book of business. Building mastery as a lawyer and building a book of business both take a long time. No longer can young lawyers sit back and wait for opportunities. But never before have more tools and resources been available that allow entrepreneurial-minded lawyers to stand out and succeed. From attorney, coach, and legal marketing expert Jay Harrington, The Essential Associate is a step-by-step guide that helps young lawyers, and law students preparing for a career in the law, not just survive, but thrive in today's competitive law firm environment. It includes insights from dozens of successful lawyers at firms across the country, general counsel at Fortune 500 companies, and top consultants to the legal industry. The Essential Associate has been praised by successful lawyers at law firms of all sizes. Foley & Lardner partner William McKenna calls it, "A must-read for every new "Biglaw" associate and, for that matter, young associates at every size firm." McKenna believes that, "If every young associate reads this book within the first six months of beginning practice, and put its lessons to work in their daily practice, their careers will benefit immeasurably." The Essential Associate is an indispensable tool for any young lawyer hoping to achieve success in today's competitive legal marketplace. PRAISE FOR THE ESSENTIAL ASSOCIATE "Jay Harrington's insights on how to become an Essential Associate are spot on. He provides practical advice on what action steps to take to succeed in becoming a valuable team member and a better lawyer." Brian McCarthy, Managing Partner L.A. Office, Skadden, Arps, Slate, Meagher & Flom "Jay has been there, done it, and learned from it. His gift is succinctly communicating his and others' lessons learned. An enjoyable read that will help you succeed." Scott Wolfson, Partner at Wolfson Bolton "The Essential Associate is a must-read for anyone starting a legal career or hoping to take their career to the next level. It's highly practical, and brimming with concrete advice from high-performing law firm partners on the qualities they are looking for in young lawyers. The first step to a successful legal career is graduating from law school. The next is reading The Essential Associate." Felicia Perlman, Partner at Skadden, Arps, Slate, Meagher & Flom "Making the transition from a legal philosopher (law school) to a legal practitioner is the hardest step every lawyer must make. The Essential Associate is a vital resource to facilitate that process." Paul H. Burton, Founder of QuietSpacing, LLC "The Essential Associate combines a wealth of practical insights into a readable story well attributed to interesting historical figures, giants of industry, and hands-on practitioners who have been in the trenches in recent years dealing with a profession that has become a business." William Gilbride, Partner at Abbott Nicholson "If you're a new associate looking for fundamental advice on how to get ahead, The Essential Associate is a great place to start." Keith Lee, Attorney, Author, and Founder of Associate's Mind and LawyerSmack "The Essential Associate is a must read for every new BigLaw associate and, for that matter, young associates at every size firm. It combines clear guidelines and action steps with real-life insights from a wide range of attorneys who have spent years navigating the shoals of legal practice. If every young associate reads this book within the first six months of beginning practice, and put its lessons to work in their daily practice, their careers will benefit immeasurably." William McKenna, Partner at Foley & Lardne
Mergers and Acquisitions
Author: Claire A. Hill, Brian Quinn, Steven Davidoff Solomon
Publisher: West Academic Publishing
Being an M&A practitioner or litigator requires not only a knowledge of the lawâe"the statutes, cases, and regulationsâe"but also the documentation and the practices within the transacting community. This brand new book prepares students for practice. It includes, and explains, deal documentation, and discusses how negotiations proceed, referencing both the relevant law and transacting norms. It covers Federal and State law, as well as other relevant regulatory regimes involving antitrust, national security, FCPA and other issues. It has questions designed to get students to understand the law and the underlying policy, and problems to get students familiar with transaction structuring. The text covers the latest materials on developments in the transacting worldâe"where the law is going, where practice is going, how each might inform the other. And the book also has significant breadth, including chapters on accounting and valuation that should be accessible even to students with less quantitative facility, as well as shareholder activism and international M&A. For more information and additional teaching materials, visit the companion site.