Business vs. Legal Issues

Strategic . . .Partnerships?

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Teaming Arrangements

Clients sometimes come to me to discuss “partnerships” they want to enter into with other parties. I try to dissuade people from using the term “partnership,” because it has legal implications. Technically, a partnership is an association of two or more persons engaged in a business enterprise in which the profits and losses are shared proportionally. The legal definition of a partnership is generally stated as "an association of two or more persons to carry on as co-owners a business for profit."

Business vs. Legal Issues, part 2: Indemnification

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Biz vs. Legal: Indemnification

Indemnification clauses can cause people to pull their hair out. Like limitation of liability provisions, indemnification provisions in a contract involve both business and legal issues. My job as a lawyer is always to protect my clients, and to try my best to explain legal issues in plain terms they can understand. 

Business vs. Legal Issues, part 1: Limitations of Liability

Short Title: 
Biz v. Legal: Limits of Liability

Can business issues really ever be separated out from legal issues? No. Many sales people anxious to get a deal done have insisted that my job as the lawyer is only to advise a company on the “legal issues” in a contract. In other words, they want me to ignore the provisions they have deemed “business issues” and just look at the “legal matters” in isolation.