In this author’s experience, the most effective contract terms are those that mirror the parties’ business expectations and negotiations and allocate risk in a fair and balanced manner. Some advocates ...

It is widely but incorrectly believed that commercially sophisticated parties are free to make whatever contracts they choose. Contracts contain a “procedural” part and a “substantive” part. The ...

Imagine accepting a new job, signing a stack of documents, and working for years—only to learn after being fired that hidden fine print gave you just months, not years, to sue for wrongful termination ...