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  1. Esquire

    Educate Yourself : Integration Clauses

    HOT! 
    When I settled my divorce I inserted a provision that said attorneys fees would be capped at 15% of actual damages. Otherwise ... family lawyers will have a field day over the slightest alleged non-compliance and bill $1500 fighting over $100 (or something else real stupid). If it ain't worth...
  2. Esquire

    Educate Yourself : Integration Clauses

    HOT! 
    for example: Suppose your opponent has deep pockets and you dont ... and suppose also that your contract provides that the losing party must pay the other side's legal fees. If that's the context you will be the other guys bitch in litigation because you can't afford to lose and they can...
  3. Esquire

    Educate Yourself : Integration Clauses

    HOT! 
    Well ... that's the trade off. Do you want speed finality and mitigated cost ...? Or do you want transparency and the right to appeal ...? There is clearly no one size fits all answer. Context plays a big role. But in most contexts I would prefer arbitration.
  4. Esquire

    Educate Yourself : Integration Clauses

    HOT! 
    Well ... it's not exactly foolproof. Pick wisely. But then again ... same can be said of judges. And it's a lot easier to pick an arbitrator than pick a judge. If you don't like the judge ... or the judge doesn't like you ... not much you can do other than appeal ... and the odds of...
  5. Esquire

    Educate Yourself : Integration Clauses

    HOT! 
    Well ... litigation can drag on for years and prove exceptionally costly. often times it is much better to get a quick decision inexpensively and move on. Otherwise ... a cloud of uncertainty may hang over you and your business ... which may not be good. And if you're doing business with...
  6. Esquire

    Educate Yourself : Integration Clauses

    HOT! 
    Well ... you know the expression: "Pigs get fat. Hogs get slaughtered." Same here. The best legal advice is the simplest. Know the character of the person you are dealing with. Deal with good people ... and odds are ... you'll never need the contract ... regardless. Deal with crooks ...
  7. Esquire

    Educate Yourself : Integration Clauses

    HOT! 
    Not necessarily. Sure ... you want an agreement that covers your a$$ ... but you also want an agreement. Draft an agreement that is disproportionately one-sided and you just may blow the deal. (which brings up something else ... contracts are typically construed against the drafting party...
  8. Esquire

    Educate Yourself : Integration Clauses

    HOT! 
    I guess one more thing I would add is this: An integration clause does not mean that every provision need be spelled out to an absolute certainty. So (for example) ... a contract could provide that the goods will be delivered "within a commercially reasonable time" ... or provisions of that...
  9. Esquire

    Educate Yourself : Integration Clauses

    HOT! 
    Well ... let me start by saying ... I think anyone who signs a contract WITHOUT an integration clause ... is nuts (nothing personal, Vig.) Absent an integration clause ... you are just inviting all sorts of nasty "he said, she said" litigation. And this largely defeats the one of the...
  10. Esquire

    The 2015 Fastlane Meetup Pre-Plan Discussion (formerly B&P)

    MEETUPS 
  11. Esquire

    The 2015 Fastlane Meetup Pre-Plan Discussion (formerly B&P)

    MEETUPS 
    Makes sense to me. :)
  12. Esquire

    The 2015 Fastlane Meetup Pre-Plan Discussion (formerly B&P)

    MEETUPS 
    I'll say it again ... Vegas, Baby! ;)
  13. Esquire

    Old people, don't despair!

    HOT! MINDSET 
    I think of that often ... how many people my age ... are married, with kids, car payments and a big fat mortgage ... and for the most part ... they look beat down and dead on their feet. They've completely let themselves go to hell ... their poor quality of life noticeably has aged them ... and...
  14. Esquire

    Old people, don't despair!

    HOT! MINDSET 
    I'm 42. And the older I get ... the more rushed I become. When I was in my 20s and 30s ... I did not much mind "sacrificing today" ... in the name of of a better tomorrow. But now that I'm in my 40s ... that prospect does not sit that well with me. I am much more mindful of the clock. At...
  15. Esquire

    Making video for marketing purposes

    MARKETING 
    I've spent the last week really getting to know Camtasia ... and I gotta say ... Camtasia rocks. I would hardly use the word "unprofessional" to describe them. To the extreme contrary ... I've been super impressed with how well their FAQ videos acquaint you with the software. Can't seem to...
  16. Esquire

    Debt Collection Agency?

    EXECUTION 
    I used to make a full time living suing debt collectors for FDCPA violations ... and was pretty darn good at it. There are more ways and reasons to sue debt collectors than you can shake a stick at. And the worst part ...? If you get sued and lose ... you have to pay my attorney's fees. And...
  17. Esquire

    Dissolving Partnership

    PEOPLE 
    Well ... my "official" advice would be to enlist the services a lawyer. But ... if that's not on the table ... I'd say this: Don't overcomplicate the simple. Draft an agreement. Say what you intend. Say it clearly. Avoid ambiguity. The resulting document might not be perfect ... but...
  18. Esquire

    New Facebook Rules Will Sting Entrepreneurs

    MARKETING 
    I think it is a brilliant move on Facebook's part. They are going to make a killing on this ... and as they should. I don't have a whole lot of sympathy for people bitching about having to pay for something of value. Just because you get something for free for a good long while ... does not...
  19. Esquire

    My View on Videogames

    OFF-TOPIC 
    I don't play video games ... not because they are not fun ... just strikes me as a huge waste of time. Sort of like watching sports. Or even playing sports, for that matter. I used to love playing basketball when I was younger ... and was very good at it. I'd walk into the hood ... and...
  20. Esquire

    Making money with a porn blog

    HOT! 
    Exactly. Nothing wrong with paid advertising if YOU are the one doing the advertising. I am critiquing the blogging crowd that sells their ad space for peanuts. They ought to be using that space to sell their own products.

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