Contract Teardown Show from Law Insider Mike Whelan
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- Zaken en persoonlijke financiën
Law Insider's Mike Whelan dissects high-profile contracts with various guest Lawyers.
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User Agreement IP Rights with Amber Petrig
In this episode, attorney Amber Petrig evaluates recent changes to Spotify’s Terms of Use.
Using the company’s previous terms and the announcement of their non-negotiable updates, Petrig addresses:
Licenses automatically granted by artists who post music on the platform;
Spotify’s fairly unlimited freedom to modify terms; and
Company-friendly changes purported to address fake usage and cumbersome payment terms.
Find the original contract here: https://www.spotify.com/uk/legal/end-user-agreement/ -
Finder Agreement for Finance with Rosanna Mannan
In this episode, attorney Rosanna Mannan explains a Finder Agreement from the pharmaceutical industry. When companies seek private funding, they may engage a Finder to connect with a financier. But the regulatory restrictions on that role require strict contracting.
Mannan describes how common clauses become vital in this highly-regulated space, including:
Statement of Services;
Compensation;
Reps and Warranties; and
Indemnification.
Find the original contract here: https://www.sec.gov/Archives/edgar/data/1042420/000119312506002725/dex102.htm -
Trademark Assignment Agreement with Brittney Saint-Fleur
In this episode, attorney Brittney Saint-Fleur explains the effect of trademark assignment agreements. She uses an assignment from one Chinese company to another to highlight the need to:
Define clear responsibility for registration fees;
Use effective representations of IP ownership;
Craft relationship-conscious dispute settlement language; and
Make conscious choices about applicable law.
Find the original contract here: https://www.lawinsider.com/contracts/5rg4m98uFCV -
Software Development + Consulting Agreement with Laurie McCall
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 -
Employment Agreements for Physicians with Steve Hendler, JD MD
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 -
FTC Changes that Impact Influencer Deals with Vicky Smolyar
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