Medical marijuana has made a surreptitious entrance in the state of Ohio. First coming up for vote in 2015 and being struck down, then being written into law the following year, the true shape and breadth of the Ohio marijuana industry are only now coming to light. So what can we expect of Ohio’s most […]
Previously, we introduced alternative dispute resolution and reviewed the approach to mandatory mediation clauses in business contracts. Arbitration is, of course, the other main body of ADR. And like mediation, arbitration can be written into a business contract in hopes of avoiding litigation and streamlining the resolution process. But mandatory arbitration has its own pitfalls […]
Dispute resolution has a favorite son, and despite Americans’ litigious nature, it’s not the courtroom. Alternative Dispute Resolution, or ADR, is a combination of the informal mechanisms of mediation and arbitration which provide an alternative to trial and alleviate much of the burden on the U.S. court system. The already overwhelmed judicial system has thoroughly […]
In our last article on the marijuana industry, we discussed the risks of doing business and why many just say, “no.” The obvious counterpoint to playing it safe is the untapped potential of a promising industry still in its infancy. It’s much like a new-age gold rush, where buying in means betting on green states […]
You may not notice it, but there’s a standoff escalating around us. It involves vast amounts of money, drugs, culture, illness and health. State by state, the lines of alliance are being constantly redrawn around perhaps the biggest emergent industry of this generation. Marijuana has become sanctioned across a growing number of states, dominoing out […]
There are plenty of reasons for “agreeing to agree.” The future is hard to forecast; we don’t want a hang-up to impede a venture in the here-and-now; and a dozen others. I don’t need to tell you that this invites uncertainty into your business relationships. But at what point does an agreement rife with future […]
Each state has its own local laws which control how businesses can operate, how business partners can cooperate, and how disputes over contracts are settled in court. Interestingly, business relations have the ability to choose which state laws they want to govern their venture through a “choice of law” provision in their agreement. This is […]
Vendors and other independent contractors should be covered by Commercial General Liability (CGL) and Professional Liability Insurance (PLI) policies, which protect them against the consequences of accidents, errors and omissions, mistakes, and oversights when providing services to clients like you. If they don’t have this coverage (and, in fact, a solid vendor agreement will require […]
If your business operates a brick-and-mortar store – a commercial storefront, a share-space, even a kiosk – your space is your livelihood. If your business is real estate leasing, your tenants are your bread and butter. In a congenial business relationship, all parties involved benefit from an airtight lease agreement; in a contentious tenancy, the […]
At its heart, a contract is nothing more than a series of promises. While agreements to perform and compensate are hallmarks of a contract, other lesser-acknowledged promises, known as representations and warranties, set standards for performance and allocate risk. In this article, we will discuss the indispensable warranties you should demand in any vendor agreement. […]
