U.S. Supreme Court Chief Justice John Roberts once characterized modern cell phones as “such a pervasive and insistent part of daily life that a proverbial visitor from Mars might conclude they were an important feature of human anatomy.”
With the transformation of our society from handshakes and paper to electronics, and from clunky computers to handheld super computers, a wrap agreement is a staple for contract formation in the 21st century.
These electronic agreements allow a business to require a consumer to agree to contractual terms of service prior to doing business. … » Read the full post
Getting paid is a critical part of doing business, but the effort that’s occasionally required to actually get paid can be frustrating at times. The strength of your customer relationships and your diligence in managing accounts receivable are paramount to getting paid. However, sometimes additional action – including legal action – can be required in order to secure payment. The good news is that there are certain contractual provisions you can put in place that will make the collection of overdue payments less costly and much easier for you.
Ideally, a written agreement setting forth payment terms should be part of every transaction. That said, it’s useful to know that, generally speaking, a contract is not required to be in writing to be legally enforceable.… » Read the full post
Many, if not most, people go through life without seeing the inside of a courtroom or having to deal with a legal dispute. This is a good thing. Those who have not been so fortunate know first-hand that even a minor legal dispute can be expensive and disruptive. For businesses that have been around for a while, needing legal assistance is typically a matter of “if,” not “when.”
If you have no prior involvement in civil litigation, or if your past experience left you dissatisfied, here are some tips for a productive and cost-effective experience with your attorneys.
At Proctor Brant, we’ve found that when clients hire an attorney sooner rather than later, gather case-related information promptly, and communicate openly with their attorney, it typically leads to more positive results all around.… » Read the full post
Sometimes the day’s political headlines can present legal questions with real-world implications for businesses across the country. The recent reappearance of Stormy Daniels in the news is a reminder of the ongoing non-disclosure agreement (“NDA”) controversy involving her and President Trump. As you’ll remember, this is a significant legal issue related to the enforceability of a contract that has not been signed by all parties.
Stephanie Clifford, aka Stormy Daniels[i], filed a lawsuit in California federal court alleging that the NDA between her and Trump is unenforceable because Trump did not personally sign the agreement. This happens to be a question pertinent to many businesses: Can an agreement be enforceable if only one party to the agreement signs it?… » Read the full post