Subject:Need by Client of Contract Advice
A Client came to us with one simple problem: He felt very insecure about signing a major partnership contract between his company and a major international financial services institution in which large investments had to be done,
Our Task Was
The client wanted us to evaluate the terms (financial, legal, marketing & branding, technological), the business implications for his company (present & future), the shared responsibility over the success (or failure) of the operation and the safeguards his company needed going forward.
What We Did
Since there was not much time at out disposal, we concentrated in the following aspects:
- Contacts: Leverage our position in the industry to investigate similar contracts done by this same international company, hear advice from other colleagues and review past terms
- Briefings: Beside the CEO, we briefed every single top level employee of the company (and some shareholders) to understand points of view, get a sense of the pros & cons and evaluate possible disruptions if the deal when into play
- We evaluated the financial, technological & marketing state of the company and we deliniated the changes that the contract needed to account for issues discovered
- We consulted their legal team and convinced the CEO to hire a legal advisor with more experience to guide their legal team
An experienced Legal Advisor was brought in to advice the company’s legal team
The contract was finally signed.
- Much favorable terms for the company were negotiated
- A number of concessions were also negotiated
- Technology investments by the international company were secured as well as training and software development
- A number of clauses were added to prevent future problems & disagreements
The CEO and the shareholders of the company were, not only happy of the terms negotiated, but many disagreements were “ironed out” resulting in a more peaceful transition.