Learn from Experience

MIA Video Library

Successfully Negotiate Limitation of Liability Provisions

Overseas drug suppliers often seek to shift risk entirely onto the Australian distributor. This article presents a radical solution to negotiate around these attempts.

Suppliers not infrequently seek to limit their liability almost entirely. There is a standard approach when negotiating these types of limitation of liability clauses. This can be successful.

Martin Algie discusses a better solution in a recent video blog accessible by clicking this link. This solution caps creates the opportunity for the Australian distributor to recover its full losses, not just direct costs, and leaves the supplier whole. There is a risk accepted on both sides as the quid pro quo, but that is the cost of a pretty immense upside.

17:31 minute searchable video with chapters, allowing you to watch the whole video, search for what you are interested in or go to the chapter you are interested in.

Pharma in Focus Feature - Execs Blasted Over Contracts

Martin Algie was featured in Pharma in Focus, the leading Pharmaceutical Industry periodical, on 17 November 2021. Click on the PIF Logo to read the whole article.

"Veteran pharma industry contract lawyer Martin Algie said contracts are taking months longer to conclude and pharma companies are not only 'engendering inefficiency' but they are putting themselves at risk."

Obtaining the right advice and support is critical, but the point is that this can be delivered through tools such as the Firms's Service Agreement Health Check Tool. Look at the video demo to see how it can deliver that assistance.

20:19 minute searchable video with chapters, allowing you to watch the whole video, search for what you are interested in or go to the chapter you are interested in.

Are you exposed to the NDA Gap?

An NDA protects your confidential information by preventing the recipient disclosing or misusing that information.The question is, what if the information has already been disclosed? Can you stop anyone they've disclosed it to using that information for their benefit?

Most standard NDAs leave you exposed. Martin Algie sets out and discusses the solution that gives you full protection.

14 minute searchable video with chapters, allowing you to watch the whole video, search for what you are interested in or go to the chapter you are interested in.

Become a better Negotiator in 15 Minutes

With the 5 tips we give you here, you will be a much more effective negotiator.

Martin looks at the fundamental principals of the Harvard Method and then applies them to a recent case, explaining how he got our client a result he never thought possible.

In preparation

Pharma Products Recalls

In Australia, the TGA has the power to order a recall of pharmaceuticals likely to cause injury. They have the power, but it is exercised in only rare examples. Most often, a recall is recommended and the distributor complies.

Many In-Licensing Agreements fail to address this type of recall, exposing the distributor to the costs of the recall, being left with product they may not be able to sell and can have replaced only at their cost.

In preparation

Thought Leadership - Interviewed on Pulse FM

Martin was interviewed on the Senate Report into Franchising that has led to the changes to the law that take effect on 1 July 2021. An important take out was how franchisees can protect themselves with a few simple measures.

Solution to the Liability Cap

One of the most negotiated terms in most commercial contracts is the limitation of liability clause. Often, a supplier will attempt to cap your damages at the amount you paid them. Others simply impose an arbitrary cap. Ubiquitously, consequential losses are excluded, which is highly problem in Australia.

We have the perfect solution ... Martin sets out the solution and examines the drafting needed.

In preparation

Post-employment restraint lesson

Following a takeover, a senior executive of Company A, a major distributor in Australia, was let go. The purchaser's (Company B) group of businesses included a retail chain. The issue was whether the executive's restraint prevented him taking a job at a rival retailer in the industry. This was a real issue, with allegations of breach being made against the executive. In this 5 minute video, Martin discusses why Company B was wrong.

In preparation

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