Commercial  Contracts

Commercial contracts are a mainstay for business entities, large and small.  Although sometimes considered to be “simple,” these documents are often the lifeblood of an organization and dictate the relationship between the organization and its customers, vendors, partners, and contractors. This is especially true in the context of joint ventures / strategic alliance transactions, where such documents can determine the success — or failure — of the larger business relationship or transaction.

We have extensive experience in matters concerning domestic and international commercial contracts across many industries. We also deal with supply, distribution, manufacturing, group purchasing, and e-commerce agreements, including those related to online use and privacy policies.

We understand that contract provisions can lead to disputes, either because they are unclear as drafted or because the terms operate in unexpected or undesirable ways. To bring maximum benefit to our clients, we combine our contract negotiation skills and contract dispute experience to structure or amend contracts that can reduce the likelihood of litigation.

The work of Linares Associates PLLC focuses, in particular, on:

  • negotiating and preparing purchase contracts, supply agreements, license, cooperation and development agreements as well as quality assurance agreements;
  • drafting and amending general terms and conditions of business;
  • agreements on turnkey projects, in the United States and abroad;
  • advising and representing foreign clients in view of their business in the United States and abroad;
  • advice in connection with warranty and liability issues as well as the enforcement or defence against or minimisation of any liability consequences.

Sales and Distribution Law

Everyone who deals with legal issues relating to sales and distribution knows that the law governing authorized dealers and commercial agents is gaining increasing significance, a fact underlined by an increasingly intricate and unclear case law. The natural desire of a company to organise its distribution system in the most possible flexible manner contrasts with the restrictive legal situation. Moreover, the usual covenants for the restriction of competition require strict compliance with state as well as federal law.

At Linares Associates PLLC we have extensive experience in drafting and negotiating commercial agency and distribution agreements. We also advise in connection with the amendment and dissolution of commercial agency and distribution agreements as well as related issues in connection with possible compensation claims.