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Mark Warner's Articles


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10 Reasons People Quit Law School There are many reasons why people quit law school - it's a difficult and taxing time for any students, and thousands quit at the start of their first year. This article takes a look at why students quit law school. 5 Qualities of Top Lawyers There are many different qualities that people assume make a lawyer a good one. This article describes some traits you would want to make sure your lawyer possess. 5 Simple Steps To Go Green It is more important now than ever to realize that our actions effect our mother earth. It is important for us to make changes in order to preserve her for our future generations. Take a look at this article to learn some easy ways that your business can go green. Agency Agreements: Some Key Elements This article describes the key provisions in an agency agreement that an artist must address when they decide to be represented by an agency. Analyzing Receivables Purchase Agreements A Receivables Purchase Agreement is a contract for the purchase and sale of a company's accounts receivable. Accounts receivables is a collection of the accounts that a company reasonably believes, by performance on a contract or history of past performance, will generate income. Check this article out if you want to learn more about Receivables Purchase Agreements. Analyzing Restricted Stock Unit Agreements A Restricted Stock Unit Agreement is an agreement made between a company and a recipient or purchaser of that companies restricted stock, usually an employee. Basic Disclosure Requirements for Employee Benefit Plans Under applicable Federal laws, Employee Benefit Plans must include certain disclosures. This article shall address the Basic Disclosure Requirements for Employee Benefit Plans that are provided for in both the public and private sectors under the Employee Retirement Income Security Act, commonly referred to as ERISA. Business Tips They Don't Teach at Business School If you have recently graduated with your MBA, congratulations, but don't think that you're going to be a Fortune 500 Company CEO quite yet. Graduating with a business degree sets you up with knowledge and rules in which you should operate under, but just like with any degree, there are some eventualities that school simply can't prepare you for. Check this article out to learn more. Collective Bargaining Agreements: Key Provisions This article describes what collective bargaining agreements are, in plain english. Along with an easy to understand description, it points out the key provisions you want to make sure are addressed in your agreement. Consulting Agreements - Key Provisions There are many different legal rights and obligations created under consulting agreements, as well as provisions that could be adapted to specific circumstances and arrangements. This article describes the key provisions of consulting agreements and how they affect business. Defining Key Terms in Equity Incentive Plans Companies design Equity Incentive Plans ("Plans") to provide key, upper-level employees an equity interest in the company. The purpose of these plans is to motivate these employees to perform their best tie these employees' financial futures to the stock price of the company. Development Agreements for Real Estate Deals Small and Large Tips and tricks relating to Development Agreements that can help avoid common pitfalls. This article contains a general overview of Development Agreements. Drafting an Omnibus Agreement Omnibus is defined as "of, relating to, or providing for many things at once" and "containing or including many items". An Omnibus Agreement is a combination of these definitions: it is an agreement, usually between several parties, that relates to everyone, is usually for the benefit of everyone, and addresses many different areas all in one agreement. Drafting Enforceable Note Purchase Agreements A Note Purchase Agreement is a contract for the purchase of a type of financial instrument called a "note", the purchase of which acts as an investment in that company. Upon selling the note, the company receives a significant amount of cash that it can invest into the business. Check this article out if you are interested in the key provisions that must be included in a Note Purchase Agreement. Drafting Equity Incentive Agreement An Equity Incentive Agreement is a contract between a key employee and his or her employer, whereby the employer provides the employee with an equity interest in the company in order to motivate him or her to strive for high levels of on-the-job performance. Efficient Meeting Success Strategies In every office there are tiers of people: managers, supervisors and workers. This caste system is most apparent in meetings. Depending on the work environment you have, meetings can get absolutely nasty, with groups of people taking sides, hurling insults and simply acting unprofessional. Employee Bonus Plans: Ensuring Compliance in California Employers often design and implement Employee Bonus Plans to motivate employees to work hard and achieve company-set goals, be it sales targets, high marks on customer satisfaction surveys, or any other system of measuring achievement. Employee Bonus Plans are also a tremendously effective way to improve worker morale. Check this article out if you want to learn more about Employee Bonus Plans. Exploring Revolving Credit Agreements A Revolving Credit Agreement is a legal contract between a bank and a customer, in which the bank promises to lend the customer up to specified, maximum amount during a specified period. Extension Agreements and How Using Them May Benefit You An overview of Extension Agreements discussing what their common uses are and how to efficiently use them to extend legal agreements. Forming a Strategic Alliance - Key Issues This article describes what a strategic alliance is, how it differs from a partnership, and the key provisions you should be aware of when getting involved in a strategic alliance. How Businesses Build Credit You may not realize it at the time, but your business credit is just as important to the overall health of your business as your personal credit is to your private life. Check this article out to learn more. How Internet Piracy Affects You By now, you should know that copying and distributing any copyrighted material is illegal and is called piracy. You should also know that having any of these pirated materials in your possession is also illegal. How Much Do Lawyers Really Make? An article discussing career building for Lawyers, how much you can expect to make out of law school, and some tips on getting into the industry. How Smart Businesses Go Green When it comes to going green at work, you have two main options: green options that can legitimately save your company money and ones that won't. The good news is that even with the green options that will cost your firm, you can utilize them in PR campaigns that could pay off mightily down the road. How To Avoid Computer Viruses Today, there are many different viruses that can attack your computer - the Internet is rife with them, and they can be easily contracted if you don't know how to avoid them. Let's look at how you can protect your computer from viruses simply and easily. How To Build a Customer Mailing List Short of simply asking each and every customer who comes into your business what they think at the check out counter, it can be difficult to gather, analyze and implement customer information. Let's take a look at how you can build a customer mailing list with ease. How To Build Better Teams The truth is that good team building is just common sense. Let's take a quick look at a few things every boss can do to foster better team building. How to Double Your Reading Speed Learning to read faster doesn't have to be a big deal. Sure, you could spend thousands on a speed reading course and a tutor, but you can teach yourself how to do it and learn in only a few minutes. How to Draft Non-Competition Agreements Non-Competition Agreements can be difficult to understand. This article describes some key provisions you want to make sure are addressed minus the legal-jargon. How To Fix a Problem Employee This article addresses how to have an intervention with a problem employee before things get out of hand, and starts to effect workplace morale. How To Write a Compelling Email While grammar and spelling aren't everyone's cup of tea, knowing basic email rules is an absolute must in this day and age where email has taken over as the primary form of communication used in today's business world. Here are a few simple tips. How You Can Tell if Someone is Lying For some people, the thrill of the negotiation is akin to the thrill the rest of us receive on a giant roller coaster. When asked why they majored in business, droves of successful businessmen routinely answer, "to negotiate." Independent Contractor Agreements for Use In Businesses Small and Large An easy to read overview that includes just about everything you need to know about Independent Contractor Agreements. Joint Venture Agreements and What They Can Do For Your Business An easy to read overview that includes just about everything you need to know about Joint Venture Agreements. Key Provisions for a Plan and Agreement of Merger This article describes Plan of Merger Agreements and the key points you want to make sure are addressed when getting involved in one. Key Provisions in Loan Marketing and Servicing Agreements Lets say you want to apply for a loan, be it for a house, a car, or to pay for school. Very often, the company you deal with, either through the car dealership, the mortgage company, or your school is not the bank that is actually processing the loan. Key Provisions of an Indenture Agreement An article defining an Indenture Agreement and how it is used with emphasis on some key areas. Key REMIC Provisions in Pooling and Servicing Agreements A Commercial Mortgage Pooling and Servicing Agreement is an Agreement for the pooling and servicing of a large number of commercial mortgage-backed securities. A mortgage pooling and servicing agreement describes how pooled commercial loans will be serviced and dictates how proceeds and losses will be distributed to bondholders. Keys to Drafting a Stock Option Agreement An Option Agreement is an agreement between two parties that provides one of the parties with the right, but not the obligation to buy, sell or obtain a specific asset at an agreed upon price at some time in the future. Keys to Drafting an Assumption Agreement An Assumption Agreement is a legal contract effectuating an agreement between two parties, whereby one party agrees to assume the responsibilities, interests, rights, and obligations of another party in respect to a separate agreement made between the Assignor and a third party. Keys to Drafting an Independent Contractor Agreement This article describes what an independent contractor agreement is, what it is used for and some key provisions you want to make sure are in your independent contractor agreement. Keys to Drafting Enforceable IP Assignment Agreements An Intellectual Property Assignment Agreement is a written and enforceable contract effectuating an assignment of intellectual property rights from an "Assignor", the owner of the rights, to an "Assignee", the purchaser of the rights, in exchange for valuable consideration. Keys to Drafting Executive Employment Agreements An Executive Employment Agreement is a binding agreement for employment between a company and an executive. In exchange for valuable consideration given by the company, the executive is agreeing to perform certain services. Check this article out to learn more about Executive Employment Agreements. Keys to Drafting Mortgage Purchase Agreements This article describes some key provisions that you want to make sure are addressed when getting involved in a Mortgage Purchase Agreement. Mortgage Purchase Agreements are contracts effectuating the legal transfer of ownership of a mortgage note or deed of trust from one party ("Seller") to another ("Buyer"). Legally Spy on Your Competition Did you know that by legally spying on your competition you can find some new and potentially ground breaking marketing ideas for your own business? It's true, and in most cases, it's completely legal. License Agreements For Use in The Distribution of Creative Works An easy to read overview that includes just about everything you need to know about License Agreements. Marketing Mistakes & How To Avoid Them It is no secret that marketing is one of the most important parts of today's businesses world. The average person may not realize how much Hollywood studios, computer software companies and fast food restaurants spend on marketing every year, but it is safe to say that it is often more than development. Membership Agreements and Their Importance In The World of Business An overview of how to properly use Membership Agreements in their various contexts. Non Disclosure Agreements: Provisions to Include and Pitfalls to Avoid This article describes the key elements that make up non-disclosure agreements and describes how these agreements affect your business. Non-Compete Agreements - Striking the Right Balance One of the trickier agreements that companies must deal with is the Non-Compete Agreement, simply because the document needs to strike the right balance between protection and freedom. Check this article out to learn more. Non-Disclosure Agreements and Their Importance in Development of New Ideas An easy to read overview that includes just about everything you need to know about Non-Disclosure Agreements. Non-Solicitation Agreements: Throwing a Protective Cordon Around Employees and Clients Along with non-competition agreements, Non-Solicitation Agreements are the primary way in which companies protect their interests vis-a-vis former employees. Whereas a non-competition agreement restricts an employee from working for a competitor, a non-solicitation agreement allows him to work for a competitor but restricts his actions while there. Placement Agency Agreements (How to Construct Clear and Enforcible Provisions) This article describes how to construct clear and effective placement agency agreements in order to protect your business. Power Purchase Agreements In The Energy Industry An easy to read overview that includes just about everything you need to know about Power Purchase Agreements. Release Agreements for Individuals, Small, and Large Business Deals An overview of Release Agreements, and how they can be used to give up rights, and liability. Retailer Agreements and Their Importance For Goods and Services Distribution An overview of Retailer Agreements, and how they are used by commercial companies to broker deals between firms. Sales Mistakes & How To Avoid Them Business people are among some of the most confident folks in the world. Not only do most business leaders have egos that can be seen from space, they often surround themselves with like minded individuals who refuse to refute anything that comes from their superiors. Check this article out to learn more. Shareholder Agreement: An Adaptive Tool for Companies and Shareholders While most legal documents have the capacity to be molded to the will of the drafters, some are more easily shaped than others. Shareholder Agreements, which some know as stockholders' agreements, are in the latter category. Shareholder agreements are, as their name indicates, written understandings between the shareholders of a company. The Key to an Effective Letter of Intent This article describes what to include when drafting a Letter of Intent for business purchases. The Most Cost Effective Way to Conduct Discovery The way you handle conducting discovery all depends on what you hope to achieve through discovery. Do you want to push the case to trial, or are you simply trying to force a settlement? How you answer that question will determine the scope and thrust of your discovery. Things Your Lawyer Wish You Knew Lawyers are quietly looking out for us (their clients), but that doesn't mean that they sometimes wish we knew more about business law basics so that we could avoid common pitfalls. Check this article out learn more. Website Mistakes & How To Avoid Them Your business' website is your digital representation of you, and if it doesn't say nice things, your sales will struggle. It is important to get what you want to say said without bogging your visitors down with unnecessary distractions that will only deter them from their main purpose.... buying your inventory! What are Executive Compensation Agreements? This article describes some key provisions that you want to make sure are addressed in your Executive Compensation Agreement. Negotiating your contract is very important and you want to make sure that it meets your standards. Check this article out to learn more. What are Intellectual Property Assignment and License Agreements? Intellectual Property Assignment and License Agreements are hard to say, let alone actually comprehend. This article breaks these agreements down into plain English and points out some key provisions you want to make sure are addressed. Check this article out to learn more. What Do I Include In a Licensing Agreement? An Intellectual Property Licensing Agreement is a written, legally binding contract effectuating an agreement between an owner of intellectual property ("Licensor") and a party wishing to use that intellectual property for a particular purpose ("Licensee"). What Exactly Are Participation Agreements? Participation Agreements are written contracts between banks in which they agree to cooperate to handle an exceptionally large loan to a single borrower. One bank, which for legal or financial reasons cannot make the loan by itself, will originate the loan and then recruit other banks to share in the profits and in the risk. What is a Change of Control Agreement? This is an article describing specific technical aspects of change of control agreements and how they affect business. What Is a Real Estate Broker Agreement? An informative article covering the specifics of Real Estate Broker Agreements, and how they affect Business transactions in the Real Estate market. What is a Real Estate Development Agreement? This is a helpful article for those researching the specifics of Real Estate Development Agreements, and how they will affect business transactions relating to Real Estate. What Is A Real Estate Indemnity Agreement And How Does It Work? An article discussing specific technical aspects of Real Estate Indemnity Agreements and how they impact business dealings in the real estate industry. What is a Real Estate License Agreement? This article describes what Real Estate License Agreements are and how they affect your business dealings with real esate. What Is a Real Estate Purchase And Sale Agreement? This is a helpful article for those researching the specifics of Real Estate Purchase and Sale Agreements, and how they will affect business transactions relating to Real Estate. What is a Real Estate Release Agreement? This article is a useful research tool for those interested in learning more about Real Estate Release Agreements and how they might affect business dealings and contracts within the Real Estate industry. What is a Shareholder Voting Agreement and When Can it be Enforced? This article describes Shareholder Voting Agreements, their key provisions, and how these provisions affect your business. What is an Asset Purchase Agreement? An article discussing specific technical aspects of Asset Purchase Agreements and how they impact business dealings in plain english. What is an Employment Agreement Amendment? An Employment Agreement Amendment is a contract modifying a currently existing and previously executed employment agreement. Check this article out if you want to learn more about Employment Agreement Amendments. What Should Be Included in a Sales Agreement? This article describes some key elements that you must be aware of before you enter a sales agreement contract. It breaks the agreements down into plain english and emphasizes the areas you should make sure are addressed.