If you’ve ever been involved in a legal dispute, you’ve probably seen the words “without prejudice” stamped across a document, letter or email. But what does it actually mean? In simple terms, “without prejudice” protects settlement discussions from being used against you in court. It creates a safe space for negotiation, so you can make [...]
Wherever business is conducted, commercial disputes are inevitable. With many businesses operating globally, arbitration can occur in offshore jurisdictions – and this can be enforced in Australia. Last month’s blog examined the benefits of arbitration as an alternative dispute resolution tool, and the advantages it offers over more traditional mechanisms such as conciliation and mediation; [...]
IP (Intellectual property) rights can be a business’ most valuable asset. For example, Forbes magazine reported that while Disney’s 2013 hit Frozen grossed US$1.3 billion at the box office, the licensing of the IP rights accumulated US$107.2 billion in retail sales. Lucasfilm’s astute decision to retain IP licensing rights for consumer products for the first [...]
Often the first fundamental question a lawyer will ask when requested to prepare documentation for a sale of a business is: Are you conducting an Asset or a Share sale? Whilst for the most part this is a fairly straightforward consideration, oftentimes buyers and sellers will not fully understand the fundamental advantages and disadvantages of [...]