Published March 2013, the 9th edition of Sinclair on Warranties and Indemnities on Share and Asset Sales has been substantially revised to reflect changes in law, convention and practice.
It serves as an easy-to-navigate guide to the complexities involved in warranties and indemnities. For both share and asset sales it goes through all the processes involved. So whether you are a buyer or a seller you’ll get a better understanding of the steps you need to take and the requirements you need to fulfil.
The new edition includes:
- New content in relation to the ’employee shareholder’ regime introduced in 2013.
- Updates to IT, intellectual property, data protection and employment related warranties to reflect developments since the last edition and the increasingly widespread use and relevance of social media.
- Updates to reflect the impact of various regulatory changes introduced since 2011, including the taking over of the responsibilities of the Financial Services Authority by the newly established Financial Conduct Authority.
The new 5th edition of The Media and Business Contracts Handbook by Deborah Fosbrook and Adrian Laing is published this week by Bloomsbury Professional. It is a master reference book combining a knowledge of contract, copyright and commercial practice to provide over 90 ready to use and adapt expertly drafted contracts, licences, acquisition, distribution, termination, buyout agreements and other documents and letters.
It provides the tools for the user to construct a contract in a logical format and draft the terms in language that both parties can easily understand and put into practice and the accompanying CD-ROM reduces administration time in the office and allows the user to amend the documents quickly or to cut and paste relevant sections and will also be updated.
The Media and Business Contracts Handbook has a number of functions …
The new 6th edition of The A-Z of Contract Clauses by Deborah Fosbrook and Adrian Laing is published this week by Bloomsbury Professional. It is a master toolkit of contract clauses drafted by experts in copyright and contract.
Save time and effort when creating a new licence, option, assignment or agreement for services for a contributor; drafting heads of agreements; amending a contract a third party has sent you; or updating and amending your existing in house contracts.
Organised clearly by subject area, each main clause heading is further broken down across types of use such as film and television, general business and commercial, internet, websites, merchandising, publishing, services, and educational. Clauses are drafted from different angles and also some are more innovative.
New from Bloomsbury Professional is the 9th edition of this “practical but erudite volume” edited by Lynette Owen.
This comprehensive and unrivalled book provides model agreements, covering a variety of publishing circumstances from head contracts to a range of licensing scenarios.
Together with detailed explanatory notes, appendices covering areas of licensing which for practical reasons cannot easily be covered by a single precedent, a separate overview of legal developments and a CD containing the text of the precedents, this text is invaluable in drafting effective publishing agreements.
For the 5th edition of Drafting Commercial Agreements the commentary and precedents have been updated to take account of current legislation, case law and practice. In particular the fifth edition has considered the following new developments:
- New EU legislation, including the Directive on Consumer Rights (2011) (creating new regimes for distance and off-premises contracts and amendments to the Unfair Contract Terms and Guarantee Directives, and to the general law governing consumer contracts)
- The latest Block Exemption for Vertical Agreements (2010) (with its effect on agency and distribution agreements)
- The Directive on Late Payment for Commercial Transactions (2011)
- The Commission’s latest proposals (in 2013) for a Directive on civil damages for infringements of the EU antitrust rules (together with recommendations that member states institute collective redress procedures for such infringements)
- Changes to the Technology Transfer Block Exemption (2004)
- Developments in employment law, including abolition of the retirement age, new proposals on directors’ remuneration (particularly under the Enterprise and Regulatory form Act 2013) and the current position on dealing with pension funds in deficit
- The new regime for registration of charges under the Companies Acts brought in from April 2013
It also covers changes to UK Competition Law, including the new regulatory framework under the Enterprise and Regulatory Reform Act 2013, and its impact on mergers, acquisitions, anticompetitive agreements and the cartel offence), the current UK position on damages for breach of the Competition Act, 1998 (as discussed in Devenish v Sanofi-Aventis and Albion Water v Dwr Cymru Cyfyngedig) and the latest position on land agreements brought under the Competition Act since 2010.
Negotiating Software Contracts 5th edition, just out from Bloomsbury, covers the legal, regulatory and commercial issues relating to the drafting and negotiating of software contracts. Using a combination of legislation, cases and sample clauses, this book will help the reader understand the full range of software contracts, from both the suppliers’ and the customers’ viewpoints.
The revised fifth edition of this commercially-focused title includes the following practical resources:
- Examples of the different types of software licence agreements
- A checklist of the contents of a typical software licence agreement
- Explanations of the key principles of negotiation
- Tactics and techniques for successful negotiations
- Guidance on the use of non-verbals in negotiation
- A CD containing the relevant precedents
Negotiating Software Contracts is a must-read for trainees, newly qualified solicitors and barristers in IT law, in-house counsel and regional, medium and small niche firms specialising in IT, commercial and contract law. IT consultants, salesmen, procurement officers and directors will also benefit from the expert guidance offered in this book.
HotDocs today announced the official launch of HotDocs Cloud Services – a cloud-based platform that facilitates the embedding of HotDocs automated document generation technologies into an organisation’s own process systems.
HotDocs is used by thousands of law firms, legal publishers, financial institutions and government bodies to streamline the process of creating repeat documentation.
HotDocs Cloud Services harnesses the benefits of cloud computing and offers existing and new customers an innovative alternative to on-premise, closed and proprietary document generation products, instead providing flexible access to our industrial strength cloud platform and integration tools on a “pay as you use’” basis.
HotDocs Cloud Services is a subscription service that customers can start using immediately. The new technology, which has been in beta testing for over a year, comes with a toolbox of integration applications that enable rapid deployment of HotDocs templates into many web applications, customers’ cloud or on premise applications. A key design feature of Cloud Services enables the transmission of data between a web application and the document generation engine without the long-term storage of sensitive data in the cloud. Essentially, once Cloud Services has utilised a data set for the purpose of generating a document, the data is deleted – an approach with complies with the data-protection policies of most risk averse organisations.
Drafting and Negotiating IT Contracts 3rd edition from Bloomsbury Professional, published August 2013, provides a perspective on IT contracts that is practical rather than academic, it contains an informed narrative designed to assist when negotiating a wide range of contracts, supported by an extensive collection of precedents. It ensures that those who have different objectives to achieve in agreeing the contract can all find their solution in this book.
It shows how building in flexibility is an integral part of constructing contracts.
For practical help it contains:
- Explanations of complex legal concepts
- Help in identifying the risk factors involved if various provisions are omitted or left unchallenged
- Valuable template contracts are provided as starting points
useful checklists to aid the contract drafting process
- An accompanying CD allowing the book to be read and used in digital form, and ensuring easy access to the precedents
For those who wish to understand the wider legal context this edition also examines the legislation and case law underpinning IT contracts.
This third edition is packed full of updates and new content, such as a new chapter that discusses the negotiability of contracts between cloud computing providers and customers, sections on software and digital business that cover the evolution of new forms of software provision, both on- and off-line, conventionally and as a service, as well as models for agile and traditional software development agreements.
Legal Simplicity is a new free online drafting service for law firms from Evident Legal which will suit the needs of small firms, sole practitioners and small in-house teams.
Legal Simplicity provides frequently-used commercial and private client precedents automated with the Exari document assembly engine.
Legal Simplicity’s online service provides access to core precedents in key practice areas, use of the drafting tool, and online storage, with access from desktop, tablet or smartphone. Output is fully styled for Word, so documents automatically re-number and cross-references update when you add or remove clauses. You can use a docx converter to apply your own firm’s house style.
The basic service is free with various upgrade options for customised/bepoke services. Evident are funding Legal Simplicity through advertising and sponsorship with “a little help” from their venture capital backers.
Image: Contract Analysis
Westlaw has now launched the first Sweet & Maxwell precedents on Westlaw UK – available as an add on to a current subscription or as a standalone service.
Accessible from the Books tab of Westlaw UK, the titles available span across a range of practice areas from commercial law to trusts and wills. They keep the familiar structure of the print content but with the added value of online searching and instant download of ready-to-edit precedents as Word documents.
Precedents on Westlaw UK include:
- Direct links to cases, legislation and other clauses referenced in the precedents and surrounding guidance meaningseamless navigation of related sources
- Useful search options such as by precedent title, paragraph number, free text or index term so that it’s quicker to find the document needed
- Easy-to-browse Table of Contents, with precedents grouped by transaction and procedural stage – all very logical
- One click download of ready-to-edit precedents as Word documents so that you can be drafting in a matter of seconds
- Automatic filing of updates and an online Release Bulletin with links to new content which saves the bother of having to do it manually
Sweet & Maxwell Precedent titles planned to be added in 2013 are:
- Building Contract Disputes: Practice and Precedents
- Commercial Property Development Precedents
- Company Precedents
- Employment Precedents & Company Policy Documents
- Franchising: Law and Practice
- Greens Litigation Style
- Greens Practice Styles
- Practical Commercial Precedents
- Practical Intellectual Property Precedents
- Practical Lending and Security Precedents
- Practical Matrimonial Precedents
- Practical Trust Precedents
- Practical Will Precedents
- Precedents for the Conveyancer