Bass, Berry & Sims attorney Steele Clayton authored an article for the July 2015 issue of Today’s Medical Developments discussing key issues during contract negotiations between an original equipment manufacturers (OEM) and a contract manufacturer.
“Thinking through with your legal adviser on the front end what happens if the business relationship sours, and negotiating accordingly, may eliminate disputes or reduce the cost of litigation,” Steele says. Careful consideration of the following issues during negotiations can be extremely valuable:
- IP ownership
- Warranties
- Indemnification
- Amount and type of recoverable damages
For more on these important considerations, the full article, “An Ounce of Prevention is Worth a Pound of Cure – Liability Issue Protection,” is available online.