Business Contracts Lawyers

Business Contracts Lawyers

Types of Business Contracts We Handle

Our practice is comprehensive, involved with business contracts of all types, including those related to:

• Advertising
• Assignment of contract (legal transfer of benefits and obligations)
• Confidentiality, non-compete agreements, reciprocal non-disclosures
• Distributing and sales representation
• Distribution and Franchise
• Employment, including independent or consulting contractors
• Employment separation or termination
• Franchise
• General business
• Indemnity and covenants not to sue
• Joint ventures and partnerships
• Leases
• Real property or equipment leases
• Sales, such as bills of sale, purchase orders, warranties and commissions
• Settlements and release
• Stock purchase

The Basics of Business Contracts

Business contracts, like other contractual agreements, are designed to prevent future conflicts by establishing parameters in clear, legally binding language that spells out each party’s rights and obligations. Business contracts should be negotiated, written, and reviewed by qualified business lawyers who always make sure that:

• The contract is negotiated with the owner, CEO or COO of the company
• Each party is correctly identified by legal name with proper suffixes (e.g. LLC)
• All of the necessary details are spelled out in exact, understandable terms
• Payment obligations are clarified in terms of times, amounts, types of acceptable payments (check, credit card, or cashier’s check) and/or installments
• Particular circumstances that will terminate the contract are agreed upon
• Ways to resolve disputes are defined in detail
• Both parties know who will pay attorney’s fees in case of a violation of the contract
• Which state’s laws will govern the contract if more than one state is involved
• The contract includes mutual promises of confidentiality

Each one of these elements is crucial to creating a proper business contract, one that cannot be derailed by ineptitude or even malfeasance without serious legal consequences.

Standard Contract Provisions

Sometimes referred to as general or “boilerplate” provisions, these parts of business contracts, though often added inconspicuously at the end of the document, are significant. Contracts that don’t cover these aspects are much more likely to result in disputes that are difficult to resolve.

Knowledgeable attorneys always include pertinent standard provisions so there will be no lack of clarity concerning any of the following:
Costs and attorney’s’ fees

In the case of an adversarial legal dispute, the losing party will have to pay legal fees.

Voluntary or Mandatory Arbitration

Any contract disputes that arise can or must (depending on the terms of the contract) be resolved through arbitration rather than a lawsuit.

Choice of law

Choice of law predetermines which state’s laws will be applied in a lawsuit if the two parties are from different states.

Jurisdiction

A jurisdiction clause determines in which state and county any lawsuit must be filed.

Waiver

A waiver allows either party to maintain the right to sue in the future for a particular breach even if that right has been given up on a single occasion.

Severability

This allows a provision that is not valid to be taken out of the agreement while the remainder of the agreement is kept intact.

Integration

An integration clause states that this written contract is the final agreement of the parties and frequently states that any further modifications must be made in writing.

Attachments

This is a clause to ensure that any attachments are included as part of the agreement.

Notice

This clause delineates precisely how each party must notify the other about significant matters, for example in order to terminate the agreement.

Relationships

The relationships clause prevents either party from claiming partnership, employer/employee or other business relationships with the other..

Assignment

The assignment provision defines the ability of the parties to sell or transfer their rights to another party who has not originally signed the contract.

Force majeure (also known as “Acts of God”)

This clause states that the agreement will be suspended in the event of unforeseeable catastrophes, such as earthquakes or floods.

Headings

This clause declares that the headings used in the agreement have no special meaning and that the document should be read and interpreted as a whole.

Escrow

This provision allows each party to conceal trade secrets, payments, etc. in an account which may only be opened only under certain specified conditions.

Jury trial waivers

This clause states that if there is a legal battle over this contract, both parties agree to have the dispute settled by a judge and relinquish their rights to a trial by jury.

Limitations on damages

This clause limits the damages that may be awarded in a contract dispute.

Warranties

Warranties are assurances by each party that contractual obligations will be met.

Indemnity

Indemnity is an exemption from liability for damages, based on a contractual agreement made between two parties. This clause is included to state that one party agrees to pay for potential losses or damages caused by the other party.

Confidentiality

A confidentiality clause guarantees that neither party will disclose certain private information.

Announcements

This provision sets up a procedure for making public disclosures about a new business venture or upcoming merger.

Counterparts

A provision that establishes the right of both parties to sign the contract without all parties being in the same place at the same time.

EXCELLENT Based on 362 reviews.

Charle Butler

2021-03-12

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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!

Mesonista parsons

2021-03-05

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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.

debabrata chakraborty

2021-03-03

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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.

Asata Hendricks

2021-03-02

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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.

Mike Moroff

2021-02-26

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I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.

Josh Katz

2021-02-24

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Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.

L.C.

2021-02-24

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I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.

AnnMarie Soliman

2021-02-23

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I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!