Lawyers involved in high-tech licensing deals typically pay close attention to the financial terms of a business relationship, but too often neglect critical provisions related to monitoring, reporting and auditing. These poorly crafted terms and conditions are often not discovered until a royalty audit or litigation, at which point it may be too late to undo the damage, leaving the licensor with no choice but to accept pennies on the dollar of owed royalties. Financial Elements of Contracts: Drafting, Monitoring and Compliance Audits helps lawyers avoid such pitfalls by presenting both the financial nuances of contracting and demonstrating how proper monitoring and auditing should occur once a deal is in place.
Rezensionen / Stimmen
Blum's background as an accountant in Los Angeles-as well as his prior experience with a big accounting firm, a motion picture studio, and an oil company-amply qualifies him to offer his insights to lawyers engaged in drafting, performance, and litigation of licensing agreements. This book is helpful for lawyers involved in drafting licensing agreements, monitoring the performance of agreements, or contemplating litigation when performance proves to be less than satisfactory. Paul D. Supnik, Los Angeles Laywer
Sprache
Verlagsort
Zielgruppe
Für Beruf und Forschung
US attorneys (both in-house and law firm); Litigators and Corporate Counsel; law schools; business executives
Illustrationen
Maße
Höhe: 234 mm
Breite: 155 mm
Dicke: 19 mm
Gewicht
ISBN-13
978-0-19-538863-3 (9780195388633)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Sidney Blum is a partner at Stonefield Josephson, where he works on valuation, litigation and forensics, internal audit services, Sarbanes-Oxley 404 services and contract compliance. He is an expert in third-party auditing with contract compliance experience in such diverse areas as royalty, channel/distribution, filmed entertainment, digital distribution, advertising, participation, residual, construction and most-favored-nation. He has had clients in industries such as media & entertainment, consumer products, semi-conductor, high technology, software, manufacturing, distribution, and oil and gas. He also wrote the royalty audit methodology for two of the Big 4 Accounting firms. Before joining Stonefield Josephson, he spent 12 years at Ernst & Young and KPMG, including nearly five years as a partner in the Internal Audit, Risk and Compliance services practice. He has seven years of industry experience as an internal auditor, split between Fortune 50 oil and gas companies and entertainment companies in addition to his many years as an outside service provider of internal audit services.
INTRODUCTION; AN OVERVIEW OF SELF-REPORTING CONTRACTS; WHY YOU NEED TO MONITOR SELF-REPORTING CONTRACTEES; TYPES OF SELF-REPORTING CONTRACTS & REPORTING RISKS; ROLES IN 3RD PARTY MONITORING; JUSTIFICATION AND IMPLEMENTATION OF A CONTRACT MONITORING PROGRAM ("CMP"); WRITING THE CONTRACT: TERMS AND CONDITIONS; BEST PRACTICES FOR A LICENSEE; APPENDIX I. SAMPLE LICENSE AGREEMENT; APPENDIX II. REGISTRATION OF MANUFACTURER; APPENDIX III. ROYALTY STATEMENT; APPENDIX IV. SETTLEMENT LETTER (CALIFORNIA); APPENDIX V. NON-DISCLOSURE AGREEMENT; APPENDIX VI - THIRD PARTY RISK RANKING MATRIX; APPENDIX VII - NOTIFICATION OF A THIRD PARTY AUDIT PROGRAM; APPENDIX VIII - NOTIFICATION OF AN AUDIT; ABOUT THE AUTHOR
