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Commercial Transactions
Effective management of legal services means identifying legal risks responsibly and sensibly, and allocating resources where they can be used most effectively. This means approaching risk with common sense and not with a fly-swatter, and it means prioritizing. Business growth requires the effective development of constructive relationships – with employees, with stakeholders, with suppliers, with customers.
Your lawyer needs to be aligned with that approach and needs to help you build. You and your legal advisor need to be able to speak the same language, in terms of both the technology itself and the business environment in which it exists. Relationships in technology-based businesses are governed by a wide variety of contracts designed to allocate risk and responsibility.
We advise commercial entities of all sizes - from start-up businesses, small and medium sized business and to the large corporate enterprises throughout the US, UK and Asia. We support businesses in a variety of ways. Our solicitors draft terms and conditions of business, prepare contract documentation, advise on contractual risk, regulatory compliance, give legal advice in contract structuring, post-contract management and administration and identification of claims and resolving disputes. More...
Our people have assisted in advising a wide range of businesses in a number of sectors and industries, including marketing, banking, insurance, manufacturing, distribution, the public sector, entertainment, new media, and software houses.
Trading Activities
Common issues that arise in trade and business activities are terms of business, data protection and privacy issues, performance of contracts and agreements, regulatory compliance and enforceability of contracts, management of liability under contracts, formulating claims and resolving disputes.
Industries Advised
We have prepared and negotiated, and litigated contracts dealing with:
- Distributors
- Software houses
- Medical groups
- Hospitals
- Federal and state governments
- Semi government bodies
- Insurances
- Hosting companies
- Healthcare vendors
- Technology vendors
- Payment processing companies
- Clearing houses
- Manufacturers
- Technology companies
- Content providers
- Multinational banks and telecommunications companies
- Pharmaceuticals
- Publishers, both print and new media
Our contract law and agreements based experience includes:
Contract Structuring:
- lump sum development contracts; design and implementation contracts; packaged software business terms and conditions
- transfer of contractual obligations to appropriate third parties
- risk allocation and factors going to project management in software engineering contracts
Contract Documentation:
- liability arising from technical specifications and integration with contractual obligations
- advising on proper terms of contract including unlawful, unreasonable or unfair terms and conditions
- restraints of trade, including the application and validity of post-employment obligations
- assistance in the preparation of schedules in outsourcing contracts, including service levels, service level compensation advice
Contractual Risk
- advising on the effect of performance obligations and failures to perform under agreements
- advising on inherent and patent risks to be imposed by contracts
- interpretation of clauses and entire agreements
Contract Delivery Advice
- legal advice on administration of contracts, claims detection, including delay and defects in deliverables, claims negotiation, strategy and managing disputes
- regulatory compliance and corporate compliance issues, trade practices, intellectual property rights, industrial relations and property law
- commercial issues affecting the contract administration
Contract Administration & Management
We are regularly approached to advise in relation to the exercise of rights under existing contracts including the effect of agreement clauses; whether clauses may or may not be exercised. This in turn determines the scope of a legal dispute, its seriousness and measures that may be taken.
The most contentious of these are where a party alleges a right to terminate or withhold payment. On the face of the contract this may well be the case, however much of the law is invisible - rights are implied in contracts, and the rules of interpreting the contract document by an experienced practitioner often is at great variance to an interpretation by one not interpreting such documents regularly.
Commercial Agreements:
Technology businesses face unique challenges at different stages of their development. Whether you are starting up, spinning off or building, Fadvocat can assist you to exploit your technology and grow your business.
- Distribution and Reseller
- ASP (Application Service Provider)
- SaaS (Software as a Service)
- Original Equipment Manufacturer (OEM)
- Private Labeling
- Strategic Alliances
- Original Design Manufacturer (ODM)
- Value-Added Reseller (VAR)
- Systems Integration
- Material Transfer
- Joint Development
- Research and Development
- Consulting and Service
- Sales Representative
- Manufacturing and Supply
- Maintenance and Support
- Co-Branding and Marketing
- Equipment Loan/Lease
- Clinical Trial
- Semiconductor Foundry
- Publishing
- Licensing
- Join Ventures
- Cobranding and Private Labeling
- Managed Hosting
- Development
- Design
- Outsourcing
- IT Purchase and Sale
- Service Levels and Maintenance
- Technology Escrow
- Privacy Policies and Terms of Use
- Government Procurement
- Confidentiality and Non-solicitation/Non-competition
