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Archives: Business Law

How to Terminate a Contract

Every business owner enters into a contract hoping that it’s going to work out perfectly and they’ll never need to terminate it. But often, for a variety of reasons, there’s a need to take action to bring a contract to a close. This is true whether you’re working with an independent contractor or a large company. I’ve found that some clients have never put much thought into the contract termination process. As with most things, it’s best to start at the beginning. When you’re actually negotiating the contract, take the time to consider why you might need to get out…

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New CA Law Restricts NDAs in Workplace Settlements

A new year means new laws go into effect. On January 1, 2022, the Silenced No More Act (S.B. 331) officially became law in California. The SNMA expands on previous restrictions on non-disclosure agreements signed between employers and employees. Some employers believe that they can put whatever they want in an employee settlement agreement, and as long as the employee signs the document and takes the money, the employer has nothing to worry about. That’s not the case in California. A prior law, S.B. 820 (the Stand Together Against Non-Disclosure Act or STAND), outlawed non-disclosure provisions in settlement agreements, but…

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Website Terms of Use and Privacy Policy: When Is It Time to Update?

If you have a website or an app, you (hopefully) know that you need to have Terms of Use and a Privacy Policy. The Terms of Use (also referred to as TOU, Terms and Conditions, or Terms of Service) is a contract that users enter into when they use your website/app or any of the features or services found therein. The TOU can limit your liability, set out who owns what, and make it clear what happens if there’s a breach, among other things. A Privacy Policy details what type of information you collect from your users and how you…

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What Is A Contract For?

Let’s say you’ve discussed a potential business opportunity and you’ve come to an agreement on the basic terms with the party on the other side. The basics may include who has to deliver what goods or services, where, when, and how the receiving party is going to pay for it. Now that you’ve gone through the ups and downs of the negotiation process, you’re both eager to get started. Maybe you have the basic deal points recorded in an email or a term sheet that the parties have signed. Why bother with a full-scale contract? Why go through the time…

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