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Employee or Consultant?

Consulting agreements are often structured carefully to make it clear that the nature of the relationship is not an employment relationship, but a consulting relationship. What happens if the confiden...

Not Consulting A Lawyer Can Be a Costly Mistake

In 2008 the Ceylon Electricity Board (CEB) awarded a consulting contract for its proposed head office, following government procedure. In 2010, after the Minister in charge was changed, the new manage...

Third Party Experts Should Enter Into Consulting Agreements Which Include Robust Confidentiality and IP Transfer Provisions

This article notes that people "in the renewable energy and clean technology fields regularly need to speak with others outside their company for solutions to ongoing research and development problems...

Billing and Payment for Expenses Should Be Set Out in Detail in Consulting Contracts

While it seems obvious that billing and payment of expenses should be clearly dealt with in consulting contracts, many parties fail to address such details as: What happens if expenses are submitted l...

Engaging in ‘Other Business’ without Violating a Non-Compete Clause

Are you a consultant with a full time client and a related sideline where you enjoy trying out new and innovative ideas? If so, a good pitch to your client on how your sideline could benefit them may ...

Consultants are Advised to Read the Consulting Agreement Very Very Carefully

Consulting agreements between academics and industry provide opportunities for enrichment in every sense of the word - both academically and financially. It is important however that the academic cons...

Planning is Required to Ensure that the Consulting Agreement Contains Only Consultant-Friendly Indemnification Provisions

Indemnities originated in the construction industry where contractors had complete control of the job site, and owners required them to be responsible for any site-related problems that arose. However...

Blog Bite: Does your contractor own the IP developed during the term of their agreement?

  This article provides a good example and reminder that when employees resign and enter into consulting agreements with their former employer, it is important to ensure that all...

Lawyers Liable for Damages for Failing to have Consulting Agreement Executed

Sometimes, one mistake leads to another. A Toronto law firm was recently hit with a $40,000 damages award for failing to advise their former client that she consider receiving advice on how to invest ...

Blog Bite: What are the possible changes for corporations contracting with the federal government regarding confidentiality provisions?

This article posted on our partner site Mondaq.com discusses the changing regulations after a federal statute was enacted that prohibited federal funds to go to corporations who had confidentiality ...

Blog Bite: How can organizations minimize the risks associated with their independent contractors’ designations?

This article posted on our partner site Mondaq.com discusses the benefits and, more importantly, the risks associated with designating workers as independent contractors in a contract (e.g., risk of...

Blog Bite: What laws must parties be aware of when structuring a contractor agreement?

This article posted on our partner site Mondaq.com pinpoints notable features of the Russian Federation's Civil Code with respect to independent contractor agreements such as mandatory provisions, d...

Blog Bite: How can employers avoid having their independent contractors classified as employees in the USA?

This article posted on our partner site Mondaq.com discusses how employers can avoid having their independent contractors classified as employees. The author discusses recent cases to suggest that e...

Blog Bite: Can an independent contractor be asked to sign a consulting agreement with a non-competition clause?

This article posted on our partner site Mondaq.com explains that an independent contractor cannot be asked to agree to a non-competition clause. According to the author, non-competition clauses can ...

Blog Bite: Can employers get independent contractors to sign a non-compete?

This article posted on our partner site Mondaq.com states that independent contractors can sign confidentiality agreements, but employers who wish to maintain the independent contractor status (e.g....

Blog Bite: Does the non-exclusive nature of a consulting agreement affect the amount of damages a claimant can receive for early termination?

This article posted on our partner site Mondaq.com denotes the significance of an Ontario Superior Court decision in which the court held that the non-exclusive nature of a consulting agreement dise...

Blog Bite: Why should employers contain confidentiality clauses in consulting agreements?

This article posted on our partner site Mondaq.com explains why employers should include confidentiality clauses in their consulting agreements, and how to properly draft confidentiality clauses. Th...

Blog Bite: What contractual provisions are of particular concern to an independent contractor when amending a contract?

This article posted on our partner site Mondaq.com posits that amendments to contractor agreements are rarely, if ever, made for the benefit of the contractor. As such, it is imperative for contract...
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