ADR

Key Objectives When Negotiating a Contract

Key Objectives When Negotiating a Contract

Good contract negotiation requires a clear understanding of a company’s key objectives in making a contract. Of course, this is easier said than done. After all, contracts can involve a transaction, as is the case in a sale, or a relationship, like employment. But whatever type of contract you’re negotiating, it’s crucial that you know what you want, what the other party wants, and know both you and the other party’s BATNAs (Best Alternative To a Negotiated Agreement).

A Helpful Guide to Boilerplate Clauses

A Helpful Guide to Boilerplate Clauses

We’ve all signed contracts, but how many of you have signed a contract and read every last word, and then understood every last word? Probably not most of you. Even though a lot of clauses are boilerplate clauses (a term widely used to mean standard or commonplace clauses) , it’s still important to know what they cover and to have some grasp of what those standard terms mean. If you’re in the situation where you sign a contract and have a disagreement with the other party to the contract, you’ll want to make sure you understand how boilerplate clauses may impact your case. There are numerous boilerplate clauses one might come across including dispute resolution, indemnification, assignment, force majeure, no waiver, merger, limitation of damages, warranty, confidentiality, severability, termination, and much more.

Fortnite is No Different Than Cocaine?

Fortnite is No Different Than Cocaine?

It’s 2019 and as we close in on 2020, we are still living in a world filled with hyperbole. Here’s the latest absurdity for your eyes. A Canadian law firm is going after the creators of Fortnite: Epic Games, Inc. on behalf of a ten year old. I’ll link to the firm’s pleading below (as well as the translated version I read). The translated version makes it seem like the Applicant is alleging that Fornite promotes gambling to children. Of course, there aren’t any loot box mechanics in Fortnite so it’s unclear what sort of gambling is going on. This is just one example of quite a few translation issues that may come up when reading through it. It actually translates to saying that Fortnite is developed to be so addictive that it creates dopamine releases in the brain in a pattern similar to cocaine.