Contracts

Contracts

Transactional

Drafting, reviewing, revising, negotiating.

While contracts can be formed without the need for a formal writing, it is highly advised that those entering into transactions execute written documents that clearly identify the parties and contain all material facts.  The vast majority of disputes arise based on the absence of a signed writing or the presence of an executed contract that contains ambiguities.

We truly believe and re-emphasize to our clients that they can either spend the requisite amount of money to have an intelligible and experienced attorney draft, revise and/or negotiate an agreement prior to the engagement of services or exchange of goods, or instead wait until a dispute erupts and then pay multiples in defending against a lawsuit or trying to enforce their rights against another individual, corporation or company.

People sometimes believe that contracts are as simple as an offer, acceptance and consideration.  While those elements are necessary to be a part of any valid contract, the formation of a binding agreement is merely the basics.  We have experience drafting, revising and negotiating contracts on behalf of athletes, actors, musicians, sports agents, record labels, doctors, lenders, banks, small businesses and others.  Drafted, revised and negotiated contracts have related to: product and apparel endorsements, publicity rights licensing, appearance and spokesperson guarantees, musical performances, venue bookings, managerial relationships, sponsorship, administration deals, loan documents (including promissory notes), and more.

Litigation

From pre-litigation through settlement/judgment and then collection or disbursement of monies.

The best litigators understand the process involved in getting to the point where the parties simply cannot agree with one another and must file suit based upon the presence of clearly defined terms, no contract whatsoever, or some situation that falls in the middle.  Fortunately for our clients, we draft, revise and negotiate contracts on a daily basis and are knowledgeable of what to look for when a dispute arises or litigation is the ultimate result.

We advocate on behalf of both plaintiffs and defendants to ensure that their voices are heard and their claims or defenses are presented in an appropriate and effective manner.  Oftentimes, the biggest issue is one of performance; did an agreement require a party to perform or stay clear of taking an action (i.e. a non-compete) and did that party fail to adhere to its obligations?  There may be a variety of available remedies for the damaged party and we are here to explore any and all opportunities available.

Our experience includes representing a variety of individuals, corporations and companies including cases where athletes fail to pay fees to agents, artists attempt to contract with others despite the existence of exclusive agreements, clients fail to pay for services provided to small businesses, landlords do not comply with the terms of leases, settlement agreements are violated, and numerous other types of cases.

Types of contracts we have drafted, reviewed or revised include:

  • 360 contracts
  • Ambassador agreements
  • Artist agreements
  • Collection agreements
  • Confidentiality agreements
  • Consulting agreements
  • Employment agreements
  • Endorsement agreements
  • Escrow agreements
  • Finder’s fee agreements
  • Independent contractor agreements
  • License agreements
  • Life rights agreements
  • Loan agreements
  • Management agreements
  • Marketing collaboration agreements
  • Merchandising agreements
  • Non-circumvent agreements
  • Non-disclosure agreements
  • Operating agreements
  • Partnership agreements
  • Performance agreements
  • Producer agreements
  • Public relations service agreements
  • Purchase agreements
  • Reality show production agreements
  • Recording agreements
  • Release agreements
  • Representation agreements
  • Settlement agreements
  • Shareholders agreements
  • Shopping agreements
  • Songwriter agreements
  • Sponsorship agreements
  • Subscription agreements
  • Work for hire agreements