Case Study
 

An attorney from a major East coast law firm received an enticing offer to go in-house with a major nationwide medical services company. His instinct told him the job was perfect. But, what if he took the job, sold his house, uprooted his family, moved West, and then the dream job turned sour. With Lars Liebeler's help he negotiated provisions to guarantee his employment and provide him with salary security if he or the company decided within the first year that the job wasn’t the right “fit.”

 

A long-time corporate client needed to find a way to protect its unique landscape and design themes while still incorporating them into blueprints, plans, and construction documents. Mr. Liebeler crafted contract language allowing the company’s clients a perpetual royalty free license to the plans, but protecting the legal rights to the creative design themes within the plans. An advertising firm with sales representatives in four major cities needed contracts to clearly spell out the compensation, responsibilities, and professional standards for the persons assigned to each city.

 

Lars Liebeler has drafted comprehensive contracts tailored to the different circumstances of each representative and the realities of the ad markets in each city.

 

Principles
 
  • A contract is a legally binding agreement between two or more parties to do (or not do) something in exchange for something of value. Contracts may be oral or written. A breach of contract occurs when a party to the contract fails to do (or not do) what he or she has agreed.

  • Courts are reluctant to look outside the four corners of the document where the terms of the contract are unambiguous. Accordingly, the terms of the contract will govern in any dispute. Always make your contacts say what you mean. Every business relationship is unique. Make your contact fit your exact circumstances.

  • In order to avoid contract disputes, it is important at the contract drafting stage to put all necessary terms in writing, and to ensure that the provisions of the contract are specific and clear. Assume the party you contract with may suffer a severe case of amnesia; does your contract state the exact terms of your deal.

  • Despite best efforts, parties may have different interpretations of contractual terms after performance has begun. Consult with legal counsel early and before a minor dispute becomes major.

Accept challenges,
so that you
may feel the exhilaration
of victory.

 

GEORGE S. PATTON

Contracts