Who Can Sign for My Company?

Who Can Sign for My Company?

Contracts, Negotiation
Laptop Office Handwriting by Aymanejed via Pixabay While many business owners and those doing business with them often take it on faith that their signature is the (or the only) one that's required, but who is actually allowed to sign for or on behalf of a company? Before I launch in, as a Phoenix startup attorney, I am aware that it is not always practical to ask for or obtain, say, an LLC’s operating agreement and, frankly, there are probably more “partnerships” that do not have a formal, written partnership agreement than do. Also, if your agreement with, for example, a corporation is for some negligible amount, it probably isn’t worth it for you or your business to bother. This post is more directed for those of you business owners,…
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Don’t Ignore Acceptance Testing Language in Your Next Software Deal

Don’t Ignore Acceptance Testing Language in Your Next Software Deal

Contracts, Negotiation, Software
Be honest-- as a software developer, how much time did you actually spend considering the acceptance testing language in your last development or licensing agreement? Negotiating and crafting a thorough acceptance testing clause in your agreement can be time well spent, not to mention a valuable risk management tool for your business. What is Acceptance Testing? As many of you probably know, software development, "master services", licensing and similar agreements oftentimes contain an "acceptance testing" section. Such language describes (or should anyway) a clear and mutually understood process by which the customer can verify that the software meets their business requirements. Such language can be vital to both parties where the software is costly or involves a complicated implementation by the software vendor. Below is a non-exhaustive list of issues…
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Making MOU’s, LOI’s, and Term Sheets Great Again

Making MOU’s, LOI’s, and Term Sheets Great Again

Commercial Leases, Contracts, Letter of Intent, Negotiation
On Friday, President Trump made some not-so-fake news by openly clashing with United States Trade Representative Robert Lighthizer in front of both China's Vice Premier Liu He and members of the gathered press in the Oval Office. The exchange was recorded on tape and can be viewed below: As Lighthizer was explaining the latest MOU (or "Memorandum of Understanding", i.e., the basic legal framework of any trade deal with China), Trump interjected, “I don’t like MOUs because they don’t mean anything. To me they don’t mean anything. I think you’re better off just going into a document. I was never … a fan of an MOU.” Lighthizer, who perhaps has been living under a rock the past two years and one month, foolishly attempted to correct POTUS, explaining that MOUs…
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There is a Legal Interest Rate in Arizona. So How Much Can Your Online Business Charge?

There is a Legal Interest Rate in Arizona. So How Much Can Your Online Business Charge?

Contracts, Negotiation
E-commerce companies often charge their customers a rate of interest on past-due account balances for purchased goods or services, usually without much thought as to its legality.  Worse yet, they simply do it because they've seen their competitors do it in their service terms.  In this post, we look at what the actual law is regarding the interest rate that can be charged by an online business here in Arizona. First, a few disclaimers:  One, I am licensed to practice law only in Arizona.  If your e-commerce  business is not based here, or your terms of service do not have Arizona law as its choice of law that will apply, then you should look to the law of your company's home state or consult a lawyer in the state which…
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