Parhaat Contract Law Podcastit (2024)

1
The Finale with Preston Clark 29:05

28d ago29:05

29:05

In the final episode of the Contract Teardown Show, Law Insider co-founder and president Preston Clark joins Mike to talk about the show’s impact. Preston and Mike discuss: -The origin of the Contract Teardown idea, -How the show serves Law Insider’s users, -The growth and popularity of the show and other educational efforts, and -What’s next for M…

1
Standard Vendor Agreement with Heather Bowen Pascual 17:12

2M ago17:12

17:12

In this episode, Heather Bowen Pascual shares principles for drafting and interpreting a Standard Vendor Agreement. She highlights the key clauses that feature in this common agreement, including: Term of agreement; Scope of work; Payment terms; Termination; and Exhibits. Find the original contract here: https://www.lawinsider.com/contracts/7BDbuzT…

1
Fund Partnership Agreement with Melinda Scott 18:09

2M ago18:09

18:09

In this episode, Melinda Scott shares a limited partnership agreement meant to govern a commodity fund. She highlights important choices clients and lawyers must address around: State of formation and fund name; Risk disclosure and NFA regulation; Transfer and redemption powers for partners; and Audit norms. Find the original contract here: https:/…

1
[webinar] How In-House Legal Works With Outside Teams 57:02

3M ago57:02

57:02

In-house legal teams often balance complex contract workflows, compliance demands, and litigation in process. Enlisting outside talent can be a game-changer, but how do you pick the right outsourcing option? Join our webinar with Pieter Gunst, CEO of Legal.io, where he will share his cost-saving framework for choosing the best outside partners for …

1
[Webinar] Unbundling CLM: The Rise Of Contract Management Point Solutions 1:00:44

3M ago1:00:44

1:00:44

Is Implementing CLMs Still Worth It for Legal Departments? Once hailed as the pinnacle of legal tech innovation, Contract Lifecycle Management (CLM) systems are now facing scrutiny. Are they still worth the investment, or have they become a drain on time, money, and resources? Listen in on this fireside chat where Law Insider President and Co-Found…

1
General Terms and Conditions with Diane O’Connell 24:00

3M ago24:00

24:00

In this episode, attorney Diane O'Connell tackles General Terms and Conditions that seem to be serving the purposes of other documents. This particular set of terms apparently apply to customized software services in the healthcare industry. However, according to Diane, the terms seem misapplied. Questions surface as she compares the context to the…

1
Standard Office Lease with Stewart Banner 17:40

4M ago17:40

17:40

In this episode, attorney Stewart Banner shares his take on the current office lease environment by walking through a fairly standard contract. He wrestles with the following key clauses: Repair and alterations; Rights of landlord; Assignment and subletting Surrender of premises; and Option to extend. Find the original contract here: https://www.la…

1
Master Service Agreement with Laurie Ehrlich 26:35

4M ago26:35

26:35

In this episode, attorney Laurie Ehrlich explains how a legal document like a Master Service Agreement can almost serve as an operations document. In this deal in which the two sides are highly intertwined, Ehrlich sees: Efforts to narrow an otherwise broad scope of work; Due diligence requirements shifting risk for overinclusive scope; and Practic…

1
Event Liability Waiver with Elizabeth Cronin 14:10

4M ago14:10

14:10

In this episode, attorney Elizabeth Cronin highlights liability-shifting provisions in an event waiver. These documents are used to protect companies hosting public events organizers against claims. Cronin details vital clauses for such waivers, including: Assumption of the Risk; Release of Claims; Covenant not to Sue; Indemnification; and Claim of…

1
Legal & Sales: An Interview with Darlene Tonelli 26:30

5M ago26:30

26:30

In this episode, we're sharing an interview we hosted last year with Inter Alia Law's Darlene Tonelli. Darlene shared how she connects legal departments and sales departments through good, early communication and a few deliberate systems. She uses the framing of software deals to drive the conversation, but these principles are helpful to anyone tr…

1
Healthcare Business Associate Agreement with Arohi Kashyap 30:19

5M ago30:19

30:19

In this episode, attorney Arohi Kashyap uncovers the high privacy standards that come with working in the healthcare industry using a Business Associate Agreement. This contract passes requirements of the United States HIPAA regulations on to companies engaged by hospitals, doctors, and other healthcare institutions. Kashyap details: Basics of a Bu…

1
User Agreement IP Rights with Amber Petrig 28:49

5M ago28:49

28:49

In this episode, attorney Amber Petrig evaluates recent changes to Spotify’s Terms of Use. Using the company’s previous terms and the announcement of their non-negotiable updates, Petrig addresses: Licenses automatically granted by artists who post music on the platform; Spotify’s fairly unlimited freedom to modify terms; and Company-friendly chang…

1
Finder Agreement for Finance with Rosanna Mannan 15:47

5M ago15:47

15:47

In this episode, attorney Rosanna Mannan explains a Finder Agreement from the pharmaceutical industry. When companies seek private funding, they may engage a Finder to connect with a financier. But the regulatory restrictions on that role require strict contracting. Mannan describes how common clauses become vital in this highly-regulated space, in…

1
Trademark Assignment Agreement with Brittney Saint-Fleur 13:03

5M ago13:03

13:03

In this episode, attorney Brittney Saint-Fleur explains the effect of trademark assignment agreements. She uses an assignment from one Chinese company to another to highlight the need to: Define clear responsibility for registration fees; Use effective representations of IP ownership; Craft relationship-conscious dispute settlement language; and Ma…

1
Software Development + Consulting Agreement with Laurie McCall 20:40

6M ago20:40

20:40

In this episode, attorney Laurie McCall reveals the complexities of mixing expert consulting with ongoing services. She shares a contract for a software development project with an expert leader. The contract aims to cover two services—software development and consulting—and McCall reveals these issues: Lack of clarity in the description of service…

1
Employment Agreements for Physicians with Steve Hendler, JD MD 25:17

6M ago25:17

25:17

In this episode, attorney and physician Steve Hendler shares special considerations for drafting employment agreements for medical professionals. Adapting best practices to a unique context, Hendler explains: Contract terms when regulations require special care transitions; The need for specificity when demanding practice-adjacent duties; Effective…

1
FTC Changes that Impact Influencer Deals with Vicky Smolyar 26:39

6M ago26:39

26:39

More companies are hiring online personalities to represent their product, in deals big and small. As smart as that strategy seems, it's not without risks. This is especially true with changes proposed by the Federal Trade Commission. In this episode, attorney Vicky Smolyar explains some of the most important changes at the FTC and how they impact …

1
Subcontracts in Government Projects with Shavon Smith 15:27

6M ago15:27

15:27

Shavon Smith returns to the Contract Teardown show to explain another government contract. In this episode, Smith covers the Subcontract, an agreement between a company that has won a project bid and another company that will execute on the project. She explains Statements of Work, government-standard pricing structures, quality control, and more. …

1
Trademark Licensing Agreement Basics with Steve Sedberry 25:26

7M ago25:26

25:26

In this episode, attorney Steve Sedberry shares his views on trademark licensing best practices using a deceptively short agreement. Sedberry explains: A company’s obligation to preserve and capitalize on a mark’s value; The law’s focus on consumer protection rather than commercial benefit; and Why negotiations are the time to be thorough when it c…

1
Special Issues when Contracting with College Athletes 20:18

1+ y ago20:18

20:18

How are college athletes just like online influencers—and how are they not? In this episode, sports attorney John Gibson contrasts the two contexts to illustrate where agreements with college athletes present special issues. Gibson underlines: •Term considerations that are unique to college athletes, •The difficulty of using a school's brand, •Sche…

1
Data Processing Agreements (DPAs) that Embrace Reality 22:41

1+ y ago22:41

22:41

In this episode, Arohi Kashyap tears down the Salesforce Data Processing Addendum (DPA). Companies that deal with private data every day may not see managing data as mission-critical. However, as Kashyap points out, corporate counsel needs to understand and manage data risks. Kashyap uses Salesforce's agreement to illustrate a few important princip…

1
The Risks of Wading Into Alcohol Distribution Agreements 18:16

1+ y ago18:16

18:16

Alcohol distribution agreements are deceptively simple. They appear like so many distribution agreements, but the compliance environment is so localized that you can really get yourself in a bind if you're not careful. In this episode of the Contract Teardown show, experienced alcohol compliance attorney Kristina Perry Alexander details the risks a…

1
Are NDAs the MOST Important Agreements? 21:23

1+ y ago21:23

21:23

Non-Disclosure Agreements can be more than rote processes you hate. According to Ehteshamul Haque, they can lay the groundwork for successful deals. In this episode, Haque explains both the practical and philosophical elements of an NDA, including: • How power relationships impact mutuality, • The trouble with authorized representatives, • The real…

1
Name Image and Likeness (NIL) Lessons from Dwyane Wade 33:20

1+ y ago33:20

33:20

In this episode, attorney Sivonnia DeBarros uses an Endorsement Agreement with Dwyane Wade to explain Name, Image, and Likeness (NIL) concepts to student athletes. As is important in all contracts, DeBarros underlines the power dynamics and long-term goals of athletes as drivers for negotiating. DeBarros points out the need for specificity when sur…

1
A Playbook for Severance Agreements 18:54

1+ y ago18:54

18:54

In this episode, Professor Marcia Narine Weldon joins Mike to discuss building your company's customized playbook for severance agreements. After explaning the stakes for these contracts, Professor Weldon invites listeners to join an upcoming workshop to design your own severance playbook. Here are the details about the workshop: Companies and lega…

1
Terms of Use Risks for Companies Using ChatGPT 24:05

1+ y ago24:05

24:05

In this episode of the Contract Teardown show, Adam David Long highlights changes to Bing’s Terms of Use since they’ve added ChatGPT functionality. Long draws attention to risks related to: -Companies training their product with user inputs, -Commercial versus non-commercial uses, -Unreliability of AI outputs, and -Promises by both companies and us…

1
Nintendo Switch End User License Agreement 21:05

1+ y ago21:05

21:05

How do you balance the requirements of good drafting, being both accessible and thorough? Those goals seem to contradict each other. In this episode, Attorney Akash Kashyap addresses this conflict using the Nintendo Switch family of product’s End User License Agreement. View the contract here: https://en-americas-support.nintendo.com/app/answers/de…

1
Cardi B's License Agreement with Whipshots 15:24

1+ y ago15:24

15:24

Entertainment attorney Julia Holt joins the Contract Teardown to discuss a license agreement between entertainment superstar Cardi B and an innovative alcohol brand. Holt notices some themes in her analysis: Cardi B has A LOT of power in the relationship, That power is reflected in some long-winded, artist-friendly terms, and Few artists have that …

1
How a Master Services Agreement Creates Flexibility in Chaos 16:00

1+ y ago16:00

16:00

At ContractsCon 2023, attorney Shavon Smith walked through a biotech Master Services Agreement. The interesting context: this agreement was made between two companies responding to Covid the beginning of the pandemic. In such an unsure time, how can collaborating parties contract fairly and create quickly? The Master Services Agreement allows them …

1
How ChatGPT changes the goals of OpenAI’s Terms of Service with Foster Sayers 13:27

1+ y ago13:27

13:27

During ContractsCon 2023, Foster Sayers joined Mike Whelan to discuss OpenAI’s Terms of Service and their application to ChatGPT. According to Sayers, the terms of service may have applied well to the users of OpenAI’s API connections, but perhaps not everyday consumers. Now that ChatGPT is explicitly targeting consumers, should their terms change?…

1
Learning Together with Mike Whelan and Molly Abel 13:27

1+ y ago13:27

13:27

In this special episode, Mike Whelan is interviewed by Law Insider's director of business development, Molly Abel. They discuss the vision for Law Insider moving forward and make a special announcement. Head to lawinsider.com/resources for more details.Kirjoittanut Mike Whelan, Jr.

1
Three Approaches to Arbitration with Diana Isyanova 24:13

1+ y ago24:13

24:13

How detailed should your arbitration clause be? In this episode of the Contract Teardown show, guest Diana Isyanova shares three possible approaches. She argues that the relationship between the parties should dictate options, then the parties themselves should make informed choices. Watch to see how three transactions handled alternative dispute r…

1
How Data Processing Agreements Prevent Liability 32:48

1+ y ago32:48

32:48

In this episode of the Contract Teardown, privacy consultant Avishai Ostrin explains the Data Processing Agreement, or DPA. The DPA protects companies from privacy breaches on third-party sites and data storage tools like Amazon Web Services or Slack. Listen as Ostrin details the crucial elements of a DPA and what red flags to look out for when dra…

1
Contract Drama: Wizards of the Coast OGL (Revisited) 33:58

2y ago33:58

33:58

Contracts are part of the whole customer experience, and getting them wrong can undermine relationships your business has fostered for years. In a special interview, three contract experts and gaming enthusiasts tell us how Wizards of the Coast dropped the ball when they rewrote their Open Gaming License. In this episode, we discuss The history of …

1
Good, Bad, and Ugly Examples of Limitations of Liability 18:53

2y ago18:53

18:53

Commercial lawyer Lynden Renwick tears down three examples of a limitation of liability clause. He discusses caps, carveouts, and exceptions, then gives his multi-stage model for managing contract risk. The Contracts: https://storage.googleapis.com/lawinsider-wordpress/1/2022/12/Peernet-license.pdf https://www.lawinsider.com/contracts/gn4fKDoCp4w#l…

1
How to Build Collaboratively with Licensing Agreements 17:20

2y ago17:20

17:20

IP attorney Nancy Delain shares her thoughts on a long-term licensing agreement that doesn’t meet the need. She gives guidance on exclusivity, terms, royalties, and “void for vagueness” claims. The Contract: https://www.lawinsider.com/contracts/a0bWpzYC1UA About Law Insider: We’re all about contracts! Law Insider (https://www.lawinsider.com) is…

1
How to Draft Teaming Agreements that Win Government Contracts 19:27

2y ago19:27

19:27

Washington DC-based attorney Shavon Smith tears down a teaming agreement between Tactical Solutions Options and contracting powerhouse SAIC. The two companies wished to bid on new federal contracts but, with no particular project in mind, aimed to clarify jobs and relationships. Learn what they did well in their agreement and which red flags you’ll…

1
NFT Agreements that Turn Fandom Into Investments 27:34

2y ago27:34

27:34

IP attorney Peter Speroni walks through Royal’s Song Token Purchase agreement. This document builds on new forms of intellectual property ownership, including Non-Fungible Tokens (NFT) that bundle ownership rights. Peter asks important questions about the impact of NFTs on the music industry and the nature of fandom. The Contract: https://storage.g…

1
Draft Garden Leave Agreements that Fit Your Goals 21:58

2y ago21:58

21:58

Attorney Sean Greaney shares his tips for services agreements that let employees leave work gracefully. Often called “garden leave agreements,” these contracts put former employees in a paid work position that keeps them from competing with the company. But, according to Sean, some standard clauses aren’t right for this context. Watch for the red f…

1
How to Explain Modern Copyright Rules to Clients 19:58

2y ago19:58

19:58

Listen as attorney Julie Grantham walks through her own Agreement for Marketing and Brand Development Services. She shares how she works with clients to address concerns while modernizing their understanding of creative work product. About Law Insider: We’re all about contracts! Law Insider (https://www.lawinsider.com) is a subscription-based c…

1
How Informal Should a Consultant Agreement Be? 18:26

2y ago18:26

18:26

When your golfing buddy offers advice for your business, do you hire her on as a consultant? How formal should your agreement be? In this episode, attorney Arthur Baker gets practical. He evaluates what must be included in a contractor agreement and where flexibility is more important. Get details on questions like payment terms, expected deliverab…

1
How to Draft a Confidential Separation Agreement 16:07

2y ago16:07

16:07

When a company lets go of an upper-level employee, they might have them sign a separation agreement, especially when there’s confidential information to protect. In this episode, Mathew Kerbis tears down a Confidential Separation Agreement & General Release of All Claims. Listen as he offers advice on how to smooth an employee’s exit and guarantee …

1
How to Draft an LLC Agreement 16:40

2y ago16:40

16:40

In contrast to other types of business contracts, LLC agreements are generally drafted around the explicit purpose of the company and the needs of the partners. In this episode, Keaton Frieberg tears down the LLC Agreement for Compound Projects, a member-run real estate investment group. Listen as Frieberg explains how a great contract can foster s…

1
Negotiating Digital Content Partnerships 21:45

2y ago21:45

21:45

Some content streaming services have been known to unfairly cut off lucrative partnerships, so it’s important that creators protect themselves with an airtight contract. In this episode, attorney and digital entertainment enthusiast Hannah Baker tears down Twitch’s Affiliate Agreement, which thousands of digital content makers sign in order to stre…

1
Adjusting for Purchase Price in a Stock Sale Agreement 26:05

2+ y ago26:05

26:05

Stock Purchase Agreements cover complicated business transactions that can take months to close. These contracts include purchase price mechanisms to account for when the business's value might change between the execution date and the closing date. In this episode, attorney James Raanan tears down Global Imaging System's Stock Purchase Agreement a…

1
How to Contract an Online Giveaway 19:30

2+ y ago19:30

19:30

Businesses use sweepstakes to improve their brand awareness, increase their customer base, and raise funds. In this episode, attorney Alina Lee reviews a recent contest by the Audi Car Club of North America, in which the iconic 1985 Quattro Coupé was the winning prize. Lee explains what Audi did right and what they could have done better, and offer…

1
How to Draft a Winning Employment Agreement 26:51

2+ y ago26:51

26:51

Employment agreements are becoming more common in today’s labor market, as workers aim to secure rights and compensation with the power of a contract. Listen as Mark Osherow, business litigator, explains that the best contracts are ones that treat workers with respect and facilitate healthy recognition of an employee’s value. About Law Insider: W…

1
Red Flags in Real Estate Form Contracts 15:05

2+ y ago15:05

15:05

In real estate, drafting a sale and purchase agreement using a standardized form can be a great way to save time and effort. However, lawyers still need to know how to spot red flags that could bring their client unwanted consequences. In this episode, New York-based attorney and licensed real estate broker Di Ma explains that when it comes to repr…

1
How Fortnite Became a Legal Game-Changer 16:40

2+ y ago16:40

16:40

The developers of video game sensation Fortnite violated their contract with Google, making a case that the tech giant has a monopoly on the mobile gaming marketplace. Watch as corporate attorney Arianna Mendez tears down the Google Play Developer Distribution Agreement and explains how Epic Games is using litigation to bring about economic and soc…

1
Transferring Vessel Ownership 15:41

2+ y ago15:41

15:41

Contracts for boat sales are unique for many reasons, including how they must consider maritime law. In this episode, attorney Phil Powell digs into a vessel purchase and sale agreement to explain how it is shaped by the particularities of a floating asset. As the in-house counsel to a company with a commercial fishing and research fleet, he has a …

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