"It may be Legal,
                    but is it Right?"

A client asked David to provide guidance on a plan involving services to competing reseller channels. At issue was the desire to provide greater service to some channels and reduce or eliminate service to other channels. Because the service issue was not governed by anti-trust law, and the contract was silent, the client could have carried out the plan. However, after providing insight into the potential for damage to long term relationships, both past and future, it became clear to the client that a short term gain would result in a long term loss.

It may have been legal to differentiate the services, but it was not right for the business.

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Contract Review

> Have a contract to be reviewed? Contact David for advice before you sign!

He will red-line the document, provide suggestions on language to be changed, and guide you through the process of negotiating more balanced terms and conditions.

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Practice Areas

David Calkins has the experience and wisdom needed to fill full time, in-house positions at a senior level. In a Fortune 500 company he is the Chief Contracts Officer, Chief Contracts Counsel, or Senior Counsel. In a smaller company, he fills the position of General Counsel, Assistant General Counsel, Chief Contracts Officer, or a combination position including both business and legal aspects.

He has acted as a “change agent” in the development and implementation of a contracting structure, contracting processes, document templates, field training, departmental staffing and risk management. Areas of expertise include:

  • Training of Sales, Marketing, and Operations personnel on contracts and risk management
  • Leveraging company personnel on issue recognition
  • Structuring and staffing a centralized Contracts organization
  • Developing and rolling out document templates
  • Designing corporate compliance processes
  • Instituting systems to track contractual activities
  • Aligning support activities with corporate strategy
  • Dispute resolution and litigation management
  • Construction contracts
  • Corporate agreements
  • Reseller and distributor contracts

David Calkins represents entrepreneurs and executives in business transactions of all sizes. He strives to provide high quality legal representation in a cost-effective, timely manner. His Commercial practice includes:

  • Sales contracts
  • Construction contracts
  • Corporate agreements
  • Reseller and distributor contracts
  • Anti-trust compliance
  • Software licenses
  • Non-disclosure agreements
  • Sales distribution strategies
  • Litigation management
  • Mediation

David Calkins counsels entrepreneurs, executives, and management teams on business issues relating to Sales support, Marketing programs, Marketing communications, Sales distribution strategies, back-office processes, and issues relating to conflict. He strives to provide high quality legal and business counsel in a cost-effective, timely manner. His Business Counsel practice includes:

  • Process reviews
  • Strategy formation and review
  • Web-based contracting
  • Negotiations
  • Grey Market Investigations and Curtailment
  • Business Operations
  • Marketing Communications, Policy Development, Process Implementation
  • Conflict identification, avoidance, management, and resolution
  • Workplace Reconciliation
  • Collaborative Law
  • Mediation

David Calkins has been trained and has experience mediating various civil disputes. He holds the necessary certificate for Texas court ordered mediation. David is available for half day and full day mediations as well as evenings and Saturdays. Sessions may be held at your site or arrangements may be made for a location near the parties.

David brings a wealth of business knowledge to the sessions in addition to legal training to help facilitate a meaningful resolution and settlement. He is known for being able to get to the crux of the issues, creative problem solving, and interest based rather than positional conflict resolution.

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