From an experienced transactional attorney, a handbook on business contracts and negotiations.
A former Securities and Exchange Commission and in-house attorney, debut author Swegle provides a clear methodology to understand and analyze business contracts in this exceptionally useful book. First, he examines in detail the language in each section of the typical contract. He next discusses problems that may not appear obvious to the novice contract reader, like how to respond with effective revisions and when to push for new language (revisions are discussed from the viewpoints of both the seller and the buyer). Even an “errant comma” indicating whether a clause is restrictive or nonrestrictive can lead to litigation. “Unfortunately,” the author warns, “Many contract drafting traps are invisible to non-lawyers.” Written in a clear, straightforward style, this book packs in a great deal of detail in a very small space. Other competitors in the business law field may try to engage the reader through authorial hand-holding; Swegle doesn’t. His plainspoken, direct approach places the emphasis where it belongs—writing contracts that protect the interests of both seller and buyer. Swegle also advises on issues that are clarified in one contract section but lurk hidden in another: “The interplay among performance obligations, representations and warranties, disclaimers, limitations, and indemnification is like a complex game of whack-a-mole.” This guide, unlike others in the field, has no sample contract to serve as a demonstration of the author’s understandings and applications. Rather, the author’s decision to discuss step by step each contract section, analyzing as he goes, proves effective in showing how to negotiate key contractual issues through examining and responding to specific language. There is also no conclusion that might either help a reader reflect on what has gone before or provoke further thought; after discussing Declaratory Judgments, the discussion simply stops.
Contains minor flaws but provides indispensable insight into contract writing and negotiation.Pub Date: June 8, 2018
ISBN: 978-0-692-13830-4
Page Count: 148
Publisher: Business Law Seminar Group, LLC
Review Posted Online: Oct. 18, 2018
Review Program: Kirkus Indie
Categories: GENERAL NONFICTION
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Privately published by Strunk of Cornell in 1918 and revised by his student E. B. White in 1959, that "little book" is back again with more White updatings.
Stricter than, say, Bergen Evans or W3 ("disinterested" means impartial — period), Strunk is in the last analysis (whoops — "A bankrupt expression") a unique guide (which means "without like or equal").Pub Date: May 15, 1972
ISBN: 0205632645
Page Count: 105
Publisher: Macmillan
Review Posted Online: Oct. 28, 2011
Kirkus Reviews Issue: May 1, 1972
Categories: GENERAL NONFICTION
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Noted jazz and pop record producer Thiele offers a chatty autobiography. Aided by record-business colleague Golden, Thiele traces his career from his start as a ``pubescent, novice jazz record producer'' in the 1940s through the '50s, when he headed Coral, Dot, and Roulette Records, and the '60s, when he worked for ABC and ran the famous Impulse! jazz label. At Coral, Thiele championed the work of ``hillbilly'' singer Buddy Holly, although the only sessions he produced with Holly were marred by saccharine strings. The producer specialized in more mainstream popsters like the irrepressibly perky Teresa Brewer (who later became his fourth wife) and the bubble-machine muzak-meister Lawrence Welk. At Dot, Thiele was instrumental in recording Jack Kerouac's famous beat- generation ramblings to jazz accompaniment (recordings that Dot's president found ``pornographic''), while also overseeing a steady stream of pop hits. He then moved to the Mafia-controlled Roulette label, where he observed the ``silk-suited, pinky-ringed'' entourage who frequented the label's offices. Incredibly, however, Thiele remembers the famously hard-nosed Morris Levy, who ran the label and was eventually convicted of extortion, as ``one of the kindest, most warm-hearted, and classiest music men I have ever known.'' At ABC/Impulse!, Thiele oversaw the classic recordings of John Coltrane, although he is the first to admit that Coltrane essentially produced his own sessions. Like many producers of the day, Thiele participated in the ownership of publishing rights to some of the songs he recorded; he makes no apology for this practice, which he calls ``entirely appropriate and without any ethical conflicts.'' A pleasant, if not exactly riveting, memoir that will be of most interest to those with a thirst for cocktail-hour stories of the record biz. (25 halftones, not seen)
Pub Date: May 1, 1995
ISBN: 0-19-508629-4
Page Count: 224
Publisher: Oxford Univ.
Review Posted Online: May 20, 2010
Kirkus Reviews Issue: March 1, 1995
Categories: GENERAL NONFICTION
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