9. Contract Clauses

"The large print giveth
and the small print taketh away."
Tom Waits

Read our Newsletters and Q & A’s:

i. Common Clauses and Provisions

1. NL 1: Beware Disclosure of “Prior Inventions” and “Great Ideas”
2. NL 2: Garden Leave . . . Is Negotiable
3. NL 3: Know Who Your Employer Is? – You May Be Wrong.
4. NL 4: The Ambiguities Clause . . . What’s That?
5. NL 5: “Background Check” Provision – A Risk to Reduce or Eliminate Entirely
6. NL 6: “Change of Control” Provision – 10 Questions You Need to Ask
7. NL 7: “Employer’s Sole Discretion” Provisions – Six Points to Consider
8. NL 8: “I Am Not Restricted” Clause in Offer Letters – Potential Roadblock
9. NL 9: “Incorporated by Reference” Provision – Brings in Other Agreements, etc
10. NL 10: “Injunctive Relief” Clauses in Contracts – What Do They Mean?
11. NL 11: “Integration” or “Entire Agreement” Clause – Nothing Spoken Counts
12. NL 12: “Required Notice” Provision – A Suggested “Win – Win” for All
13. NL 13: “Successors and Assigns” Clause – Probably Valuable, If Correctly Written
14. NL 14: “Term” or “Duration” Clause – Here are 10 Alternative Improvements
15. NL 15: “This Contract Must Be Kept Confidential” Clause – Seven Points to Ponder
16. NL 16: “Whereas” Clauses – The “Introduction” Clauses – Don’t be Hoodwinked
17. WD 1: Boilerplate – Key Words & Phrases
18. WD 2: Incorporated by Reference – Key Words & Phrases
19. WD 3: Voluntary – Key Words & Phrases

ii. Suggested Clauses and Provisions

1. NL 1: Key Man / Key Woman Clause – How to Protect Your Key Business Relations
2. NL 2: Offer Letter or Company Plan – Which One Governs?
3. NL 3: “In-The-Meantime” Clause – This is One to Remember, and Request
4. NL 4: “No Less Favorable” Clause – Helpful, Especially at Negotiation Impasse
5. NL 5: “Repayment Obligations When Leaving a Job – How to Get Them Waived”
6. NL 6: “Side Letter” – Use to Amend “Standard” or “Existing” Agreements

iii. Miscellaneous Newsletters and Q & A’s

1. NL 1: News Flash: Is Full-Time on its Way Out?
2. NL 2: Non-Solicitation Does NOT Mean Non-Communication
3. NL 3: Promise Received at Work? Ask These Two Critical Questions
4. NL 4: Robbery by Repurchase Rights – A Private Equity Story
5. NL 5: You Must Protect Your “B.O.B.” (Book Of Business, That Is)
6. QA 1: “Any way I can make sure I will get a promised promotion?”
7. QA 2: “Can we enforce an employer’s promise to employ us ‘for life?'”
8. QA 3: “Does a repayment obligation in an employment contract become invalid if there is no ‘survival clause?'”
9. QA 4: “If an agreement is signed by “J. Smith, Pres., XYZ Company,” is it a personal or company obligation?”
10. QA 5: “If I can’t get a work visa, can an employer withdraw a job offer?”
11. QA 6: “If laid off near year-end, am I entitled to partial bonus?”
12. QA 7: “In a ‘successors-and-assigns’ clause, what are the employee’s heirs obligated and entitled to?”
13. QA 8: “Is a change-in-control provision in an executive employment agreement the same as a separate change-in-control agreement?”
14. QA 9: “Should I get extra compensation for extra services and extra success by my employer?”
15. QA 10: “What are ‘Moral Rights’ in things I create at work?”
16. QA 11: “What if my employment contract and employee handbook conflict?”
17. QA 12: “What is a ‘change of control’ for vesting purposes?”
18. QA 13: Workplace Negotiating Insight No. 15: “Standard Language” . . . There’s no such thing.
19. QA 14: “Are employers required to reimburse internet expenses for home-based employees?”
20. QA 15: “Is this ‘Successors and Assigns’ clause a problem?”