Remember that all good things come to an end

Posted on Jan 30, 2015 in Bugg’s Boilerplate, General

Although the romantics amongst us wouln’t admit it, in some ways making a contract is just like getting married. Certainly, there is a general unwillingness to even admit the prospect of separation or divorce at the wedding ceremony, let alone discuss the exact terms and conditions of an eventual break-up with the vows of eternal togetherness. And so it is with contracts, too. Potential commercial partners, when courting in the intensive...

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Winter Seminar in Nuernberg

Posted on Jan 26, 2015 in General, Lawspeak

                                 We have just completed another successful seminar workshop (Introduction to Working with Contracts) at the Hotel Victoria in the medieval city in Nuernberg. As always, it was a meeting for both lawyers and non-lawyers. Participants came from various parts of Europe but they all had in common a desire to improve how they draft, develop, negotiate and understand contracts from different legal systems. Our...

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January 2015: There is a “new” word for it!

Posted on Jan 26, 2015 in General, Lawspeak

Times change: we know that. What we tend to forget is that language changes, too. When I was being prompted by a menu on the Law Society website  (sorry, it is now is operated by the Solicitor’s Regulatory Authority ) to download and print out a hard copy of my new pdf-format practising certificate a few months ago, I had the chance to compare my rather pinkish print-out with the far more impressive printed version of the certificate the...

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Nürnberg Seminar Workshops 2015

Posted on Jan 26, 2015 in General, Lawspeak

Places (participants limited to 14 per seminar) are still available in the following seminars: 1. Update 2014: Masterclass on Developments in English Contract Law 5-6 December 2014 Hotel Victoria Nürnberg 2. Introduction to Working with Contracts 23-24 January 2015 Hotel Victoria Nürnberg 3. Sales and Distribution Contracts in English 6-7 February 2015 Hotel Victoria Nürnberg 4. Contract Management and Boilerplate Clauses 17-18 April 2015 Hotel...

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“Cross-system” and “cross-border” agreements

Posted on Jan 26, 2015 in General, Lawspeak

Question: What are “cross-system” contracts? Are they the same as “cross-border” contracts ? Answer: Yes and no! Some contracts may fall into both categories as the definitions (sometimes) overlap to describe the same document: Cross-system contracts are legally-binding agreements (usually in writing or electronic form) that use one legal system for the applicable law (e.g. German Law) but which are written or developed...

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Confidentiality: the long, but not the short of it

Posted on Jan 10, 2015 in Bugg’s Boilerplate, General

At the commencement of negotiations or in particular types of deals such as M&A or IP or R&D it is always advisable to use extensive confidentiality agreements either as stand-alone contracts (non-disclosure agreements) or as long-form (extended) clauses in other documents e.g. in a letter of intent, LOI. You will need to take time and great care, particularly if you are a potential disclosing party, when drafting provisions on dealing...

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Confidentiality in brief

Posted on Jan 10, 2015 in Bugg’s Boilerplate, General

The boilerplate below (Confidential Information) is a typical short form confidentiality clause for use in general commercial contracts. It is based on English law. The attraction of its brevity shall not be allowed to hide the obvious lack of a comprehensive definition of confidential information. At the same time your contract may require a more detailed set of exceptions. In such case a longer form will be required. (see Confidentiality: the...

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Confidentiality: mum and contracting to keep it quiet

Posted on Jan 10, 2015 in Bugg’s Boilerplate, General

When should we be silent? Children used to be told that they should be seen but not heard, but approaches to child-rearing appear to have changed in the meantime.  In the business world some things never change. One of those things that hasn’t altered over the centuries is the need to be able to trust and rely on the fact that your business partner will not tell the world your confidential information. Confidentiality, or keeping...

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