All posts by Nada Alnajafi, Esq.

Contract Redlining Etiquette – Rule # 8 on Final Versions, by Nada Alnajafi, for Contract Nerds

Contract Redlining Etiquette – Rule # 8 on Finalizing

While the contract redlining process can be fun, alas, it must come to an end at some point. But before you send the contract off for signatures and scratch this one off your To-Do list, there are a few steps you should take to ensure that the final version of the contract is truly the final version.  This Rule #8 outlines three main stages of preparation that you are responsible for before you send a final contract out for signature: 1) Control, 2) Verify, and 3) Clean.

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Why Rushed Contract Reviews Are Bad for Business

Last-minute contract reviews are frustrating for all contract reviewers. But this issue should be equally frustrating to the entire organization because it is bad for business, too. A rushed contract review negatively impacts the entire deal, including commercial terms, and can cost the business thousands, if not millions, of dollars in contract leakage and other missed opportunities.

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The Battle of the Formats and Why PDFs Are Losing

The Battle of the Formats and Why PDFs are Losing

“Will restricting changes to a contract template by use of a restrictive format help speed up the contract review process?” The simple answer is NO. In fact, choosing the wrong, aka a restrictive, format will only delay the contract review process. Using PDFs in commercial contracts is on the decline. This article will provide a winning strategy for streamlining contracts the right way.

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Contract Redlining Etiquette Rule #6 on Re-Drafting by Nada Alnajafi for Contract Nerds

Contract Redlining Etiquette – Rule #6 On Re-Drafting

Remember, you’re still drafting even while negotiating. The key to drafting a clear contract is to re-draft clearer contractual terms that correspond with your redlines and reflect the parties’ intent. The best way to accomplish this is for the party requesting a substantive change to propose the corresponding language. Here are some best practices to keep in mind for this simple yet often overlooked rule of thumb.

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Rule-5-on-Internal-Redlines-for-Contract-Nerds

Contract Redlining Etiquette – Rule #5 On Internal Redlines

When we think of the contract negotiation process, most of us think only of the external legal negotiation and often neglect the importance of the internal negotiation. The stronger the internal negotiation, the stronger the external negotiation. This Rule focuses on using internal redlines to get the most out of the internal negotiation phase.

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Contract Redlining Etiquette - Rule #4 on Calls by Nada Alnajafi for Contract Nerds

Contract Redlining Etiquette – Rule #4 on Calls

Now that you’ve exchanged redlines with your counterparty, it is time to switch to live negotiations via a phone call or virtual meeting. The goal of the contract negotiation call is to close out the remaining open items and move the contract forward towards a final agreement.
How can you run the call as efficiently as possible to achieve this goal? Follow Rule #4 on Running Calls.

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How to Spot and Solve Implicit Language Bias in International Contracts by Nada Alnajafi for Contract Nerds

How to Spot and Solve Implicit Language Bias in International Contracts

Ever notice that contracts are always drafted in English? Implicit language bias occurs in contracts when the contract drafter assumes the other party is as fluent in English and English “legalese” as the contract drafter. If you’ve ever thought this to yourself, “Wow, their English is surprisingly really good!” then you probably have implicit language bias.

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