An Introduction to Clinical Trial Agreements The team at Lex Moderna has developed highly specialized expertise in drafting and negotiating Clinical Trial Agreements (CTAs), which outline the responsibilities of sponsors, sites, and researchers with respect to clinical trials. This is the first in a series of posts exploring some of the issues that arise in these kinds of complex contracts. Confidentiality Agreements in CTAs Generally This post...
In today’s globalized world, cross-border contracts are commonplace in many industries—and they require specialized knowledge, skill, and expertise. Potentially vast differences in language, laws, and legal and business environments require that unique approaches need to be utilized with respect to drafting and negotiating international contracts. The team at Lex Moderna discusses in this post some special elements to consider when engaging...
To achieve growth and to be able to operate, companies need to enter into different business relationships. When evaluating such potential business relationships, companies may need to disclose to and/or receive from the other party non-public information. To maintain its competitiveness, a company must keep its non-public information, such as innovative ideas, currently active working projects, pricing, customers, business plans, new business...
Allocation of risk is central to commercial contract negotiations. In this article, the team at Lex Moderna explains the need to and offers tips for managing risk in contracting. While risk cannot be avoided, it can be managed and minimized through careful drafting, while managing the inherent tension that risk allocation creates between contracting parties. Before contracting, as part of the due diligence process, a party should thoroughly vet...
As discussed in an earlier blog, due diligence is a crucially important step before contracting, and will help the parties determine whether or not to proceed with a proposed transaction. This article discusses due diligence in the particular context of merger and acquisition (M&A) agreements. Importance of Due Diligence in Mergers and Acquisitions An effective due diligence process will help sellers maximize their profits and buyers best...
