Contract Teardown Show from Law Insider Mike Whelan

In this episode, attorney Laurie McCall reveals the complexities of mixing expert consulting with ongoing services. She shares a contract for a software development project with an expert leader.
The contract aims to cover two services—software development and consulting—and McCall reveals these issues:
Lack of clarity in the description of services and no work order process;
Warranties that jeopardize the consultant relationship; and
Intellectual property confusion.
Find the original contract here: https://www.lawinsider.com/contracts/ejR9PB7ZFhG

In this episode, attorney and physician Steve Hendler shares special considerations for drafting employment agreements for medical professionals. Adapting best practices to a unique context, Hendler explains:
Contract terms when regulations require special care transitions;
The need for specificity when demanding practice-adjacent duties;
Effective dates and the impact of licensing delays;
Company-provided malpractice coverage; and
Paid Time Off combined with required care coverage.

Find the original contract here: https://www.lawinsider.com/contracts/kRHahmIoE9L

More companies are hiring online personalities to represent their product, in deals big and small. As smart as that strategy seems, it's not without risks. This is especially true with changes proposed by the Federal Trade Commission.
In this episode, attorney Vicky Smolyar explains some of the most important changes at the FTC and how they impact influencer deals. She walks through an agreement between a personal health company and an influencer to illustrate:
•Overlooked disclosure requirements,
•FTC healthcare claim violations,
•Rules that restrict online giveways,
•The dangers of non-defamation clauses, and
•Indemnification rules that don't limit honest reviews.
Listen to the episode today.
Here's the original contract: https://seattlegummy.com/wp-content/uploads/SGC_BrandInfluencer_TC_website.pdf
 

Shavon Smith returns to the Contract Teardown show to explain another government contract.
In this episode, Smith covers the Subcontract, an agreement between a company that has won a project bid and another company that will execute on the project.
She explains Statements of Work, government-standard pricing structures, quality control, and more.
Find the original agreement here: https://www.hanford.gov/files.cfm/Exhibit_009-_Draft_Subcontract-Tribal_Nations_Rev_11.pdf
 

In this episode, attorney Steve Sedberry shares his views on trademark licensing best practices using a deceptively short agreement.
Sedberry explains:
A company’s obligation to preserve and capitalize on a mark’s value;
The law’s focus on consumer protection rather than commercial benefit; and
Why negotiations are the time to be thorough when it comes to leveraging a trademark.
Find the original contract here: https://www.lawinsider.com/contracts/lQok8kw3gbB
 

How are college athletes just like online influencers—and how are they not?
In this episode, sports attorney John Gibson contrasts the two contexts to illustrate where agreements with college athletes present special issues.
Gibson underlines:
•Term considerations that are unique to college athletes,
•The difficulty of using a school's brand,
•Scheduling difficulties for very busy athletes, and
•An overall assessment of the amateurism re-regulation and the growth of NIL deals.
Review the contract here: https://www.lawinsider.com/contracts/iaKyZVblAh1