by Chris SwiecickiWhen Your Sales Commission Agreement Isn’t Enough: How Missouri Law Overrides Some Contract Terms
Commission agreements are an important part of running a sales-driven business. They help set expectations, motivate your team, and protect your margins. But even the clearest, most carefully drafted agreement can run into trouble if it conflicts with Missouri law. That’s because some rights, particularly when it comes to paying sales representatives, are written directly into the statutes—and...
by Chris SwiecickiWhat to Do Now that the FTC Has Outlawed Noncompete Agreements
The Federal Trade Commission (FTC) recently issued a “final rule” that bans noncompete agreements for employees, making them largely unenforceable. This new regulation significantly impacts how businesses can protect their interests, as noncompetes have traditionally been a common tool to prevent employees from joining competitors or starting rival businesses. However, companies still have...
by Chris SwiecickiWhen is the Right Time to Bring in an Attorney for a Business Contract?
Every business, no matter how small, will eventually need to enter into some type of transaction that requires a formal contract. Small business owners may be tempted to draft a contract themselves or choose from online sources that promise easy-to-use contract templates. They may not feel the need to involve an attorney unless something goes wrong. While we understand the desire to save time...
by Chris SwiecickiUnderstanding Sandbagging in M&A Transactions
In the context of buying a business, a “sandbagging” Buyer is one who is (or becomes) aware that a specific representation or warranty made by the Seller is false—but instead of telling the Seller this fact, the Buyer completes the transaction. The Buyer then seeks post-closing damages against the Seller for the breach. Sandbagging is a frequent occurrence in acquisitions. It...
by Chris Swiecicki