HJV Attorneys’ Post

Who said you need an LLC or corporation to run your business? By forming these entities, you’re essentially inviting the state to oversee how you operate and whom you contract with. But under common law—and as protected by Article 1, Section 10 of the U.S. Constitution—you have a God-given right to conduct business and make private agreements without needing state approval. If you want to find out how you can contract without government interference. Comment back to this post with “Contract”

Penalty clauses - recent refinements have 'significant implications' for businesses negotiating contracts. In the latest in our series of blogs exploring commercial contracts, Sarah Bazaraa looks at the topic of penalty clauses - how to understand them, their evolution, and the implications for businesses. Read her blog here: https://lnkd.in/dTBRGV-K #commercialcontracts #penaltyclauses #contracts

🔍 Is a waiver clause necessary? Absolutely, Yes! But what is it? It is a provision in a contract that enables parties to relinquish certain rights or claims under specific circumstances. Essentially, it allows for flexibility in enforcing contractual terms. Why does it matter? 1. They provide parties with the ability to adjust contractual terms without invalidating the entire agreement. 2. They help mitigate risks by allowing parties to waive rights under certain conditions, thereby avoiding prolonged disputes. 3. Clear waiver provisions enhance understanding between parties, reducing ambiguity and potential misunderstandings. 4. They foster constructive relationships by providing a structured way to resolve issues and adapt to changing circumstances. Embrace the power of waiver clauses to make good agreements! 🌟 #BusinessTips #Contracts #contractdrafting

❗ 𝗖𝗼-𝗙𝗼𝘂𝗻𝗱𝗲𝗿’𝘀 𝗔𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁 𝗧𝗲𝗺𝗽𝗹𝗮𝘁𝗲 📄 Whether you use the template itself or simply discuss these sections with your co-founders, these topics are critical to address upfront to prevent future conflicts. 1️⃣ Roles & Responsibilities: Clearly define who does what. 2️⃣ Equity Distribution: Outline ownership percentages. 3️⃣ Vesting Schedule: Ensure equity is earned over time. 4️⃣ Intellectual Property Rights: Clarify who owns what. 5️⃣ Time Commitment: Set expectations for involvement. 6️⃣ Compensation: Decide if/when founders get paid. 7️⃣ Confidentiality & Non-Disclosure: Protect sensitive information. 8️⃣ Non-Compete & Non-Solicitation: Prevent conflicts of interest. 9️⃣ Dispute Resolution: Establish how disagreements are handled. 🔟 Exit Provisions: Plan for voluntary and involuntary exits. 1️⃣ Death or Incapacity Clause: Define what happens in unforeseen circumstances. 2️⃣ Future Funding Expectations: Align on growth and funding plans. 3️⃣ Expenses & Reimbursement Policy: Avoid financial misunderstandings. 4️⃣ Amendment Process: Make it clear how changes to the agreement can be made. 5️⃣ Representation & Warranties: Build trust through accountability. 6️⃣ Termination Agreement: Prepare for business closure. 7️⃣ Severability: Ensure the agreement holds up legally. 8️⃣ Governing Law & Jurisdiction: Specify applicable laws and courts. 💾 𝗙𝘂𝗹𝗹 𝘁𝗲𝗺𝗽𝗹𝗮𝘁𝗲 𝗮𝘃𝗮𝗶𝗹𝗮𝗯𝗹𝗲 𝗵𝗲𝗿𝗲. 💡 𝘿𝙤𝙣’𝙩 𝙡𝙚𝙖𝙫𝙚 𝙘𝙧𝙞𝙩𝙞𝙘𝙖𝙡 𝙙𝙚𝙘𝙞𝙨𝙞𝙤𝙣𝙨 𝙩𝙤 𝙘𝙝𝙖𝙣𝙘𝙚—𝙖𝙡𝙞𝙜𝙣 𝙬𝙞𝙩𝙝 𝙮𝙤𝙪𝙧 𝙘𝙤-𝙛𝙤𝙪𝙣𝙙𝙚𝙧𝙨 𝙚𝙖𝙧𝙡𝙮 𝙩𝙤 𝙗𝙪𝙞𝙡𝙙 𝙖 𝙨𝙤𝙡𝙞𝙙 𝙛𝙤𝙪𝙣𝙙𝙖𝙩𝙞𝙤𝙣.

Please check out our Corporate and Commercial Newsletter in the following post. Happy Holidays! 🤩 #commercialupdates #corporatelaw #newsletter #2024review

Corporate and Commercial 2024 in review   In their latest newsletter update the Corporate Team at Lawrence Stephens share some of the deals they completed in 2024, legal updates from the Autumn Budget, and two pieces of legislation that will affect businesses plus a discussion on the authority of sole director decisions.   Download the full newsletter here: https://lnkd.in/e3u5MyYJ   #corporateandcommercial #Newsletter

Does your business need to renew or make a new contract? You should review the contract terms and not just copy over terms from previous standard form contracts.   Proposing, using or relying on unfair contract terms in standard form contracts is banned and penalties for breaches of the law will apply.   Here are our top tips to review your contracts to help ensure they comply with unfair contract term laws. 👇

In the latest instalment of blog series on boilerplate clauses, Kate Imeson explores three essential contract provisions: assignment, entire agreement, and no partnership clauses. These clauses are often overlooked but play a critical role in defining relationships, responsibilities, and legal boundaries in business contracts. Read the full blog to learn why these clauses matter and how to draft them effectively! 📄 🔗 https://lnkd.in/eJvhvaTQ #ContractLaw #BoilerplateClauses #BusinessContracts #ContractManagement

Hey lawyers, you don't have to lower your prices just because your business is new. But if you really want to, here's how you can do it 👇🏾 (peep the comments)