Practical Law

A useful analogy can be drawn between the negotiation and execution of a contract, where the output is an executed contract, and the manufacture of an object, such as a car, where the output is a finished product. In a contract negotiation, the other party stands in the place of the customer for the finished … Continue reading Playbooks facilitate change in a changing world →

Although contracts document a consensual commercial relationship between two parties working together to achieve common or overlapping business goals, they are also enforceable legal instruments that can have potentially devastating effects on businesses due to the imposition of liability. The legal and business personnel involved in the negotiation need to deal with this contradiction, and … Continue reading Playbooks help lawyers mean business →

The word “playbook” is a relatively recent addition to the contract drafting lawyers’ lexicon. It stands twitching nervously in the crowded room, wondering if it belongs, gazing reverently at established members like “representations” and “liability” or long-standing, if exotic, old-timers like “mutatis mutandis”. Relative newbies like “process” and “technology” are asserting themselves but “playbooks” are … Continue reading Who needs a playbook anyway? →