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Digestible hidden gems about business & contracts.
January 7, 2025 | 6 Is your liability waiver actually effective? 3 Myths and What to Do Instead When I served as Executive Director of a nonprofit, I found a stack of signed liability waivers, dutifully kept on file to protect the organization. I read the waiver and realized that in the 5 years the organization had been using that waiver, no one had read it. How I knew? The waiver had a different organization's name all over it! Liability waivers are not one-size-fits-all. There are many...
December 3, 2025 | 5 Why do so many businesses incorporate in Delaware? Delaware has more registered businesses than any other state at more than 2 million. For context, New Mexico has about 15,000. Almost 68% of Fortune 500 companies are organized in Delaware. Why this happens Delaware has an entire court specifically dedicated to business law. It's called the Court of Chancery and it has been deciding business disputes and tweaking the state's business law for over 230 years. This makes the...
November 4, 2025 | 4 We're all wrong about real estate agents in New Mexico Your real estate broker has a legal duty to act in your best interest, right? Wrong. Agents in any industry have a fiduciary duty toward their clients— that is, a legal duty to act in the client's best interest even when the client's interest conflicts with the agent's. But what seems to be a well-kept secret hidden in plain sight is that real estate brokers in NM are almost never agents. If they aren't agents, what...