Aimee B. Davis Law P.C.

What to Do if Consent Can’t be Obtained

What to Do if Consent Can’t be Obtained {4 minutes to read}  If we learned something from the #Metoo movement, I hope it includes that what constitutes informed consent is complicated. There is a different (yet also complicated) consent right that is governed by corporate law, which is: Consent to assign a contract to a… Continue reading What to Do if Consent Can’t be Obtained

When Legal Issues Become Business Decisions

Discussion and cooperation between employees and company presidents in International Oil Trade Organizations with business contract documents and borrowing money from a government bank.

When Legal Issues Become Business Decisions {3:30 minutes to read} As a transactional attorney, I typically spend time trying to cap or limit my client’s indemnification obligations when negotiating contracts. The word “indemnity” is a legal concept, the meaning of which may not be familiar to non-lawyers. According to Wikipedia, indemnity is defined as: “a… Continue reading When Legal Issues Become Business Decisions

Is a Letter of Intent Necessary in an M&A Transaction?

A close up of a 'Letter of Intent'.

Is a Letter of Intent Necessary in an M&A Transaction? {3:42 minutes to read} There’s a debate raging among transactional attorneys about whether entering into a letter of intent (LOI) in advance of negotiating a purchase agreement is a necessary step in the M&A process.   An LOI summarizing the basic terms of a proposed… Continue reading Is a Letter of Intent Necessary in an M&A Transaction?

A Man Would Ask for More

A Man Would Ask for More {3:42 minutes to read} Recently, a client was negotiating an employment agreement with a large bank. In discussing whether she should demand a higher commission, the client hesitated, wavering on whether she should accept our advice to push for a better rate. Ultimately, the client (who was familiar with… Continue reading A Man Would Ask for More

Is Legalese Making It Hard to Understand Your Options in a Negotiation?

Business documents and pen at workplace

Is Legalese Making It Hard to Understand Your Options in a Negotiation? {3:48 minutes to read} A lawyer’s success depends on the value of the legal services she provides to her clients. As a solo practitioner, I take this statement seriously, and I spend a lot of time thinking about how to ensure I achieve… Continue reading Is Legalese Making It Hard to Understand Your Options in a Negotiation?

Don’t Be Your Own Attorney, Especially If You Aren’t One

Close-up of silver pen on contract. Selective focus on top of pen.

Don’t Be Your Own Attorney, Especially If You Aren’t One {3:50 minutes to read} From the perspective of a corporate attorney with expertise in international M&A, financing, and private equity transactions and general commercial contracts, and a litigator with commercial, business and securities litigation experience… Since the Plain Writing Act of 2010, SEC disclosures, consumer… Continue reading Don’t Be Your Own Attorney, Especially If You Aren’t One

The Battle of the Forms

Close-up of an African businessman holding a contract isolated against white

The Battle of the Forms I recently waited a month and a half for comments from opposing counsel to a draft contract. It was finally returned to me in a different form, restating everything that was in the original draft and proposing certain changes to the deal. I call this creating an unnecessary “battle of… Continue reading The Battle of the Forms