Corporate & Tax

Commercial Services

At Cohen & Grigsby, we understand that a successful business requires legally sound commercial agreements informed by business judgment. Although we have helped our clients structure their commercial relationships and negotiate their commercial agreements for many years, we recently formed a dedicated Commercial Services Practice Group – a team of experienced professionals whose practices are focused on delivering practical solutions for clients’ everyday commercial needs.

Our experience covers a broad range of commercial relationships, including manufacturing, supply of goods and services, distribution, equipment acquisition and leasing, confidentiality, consulting, sales representation, technology and software acquisition, development and licensing, website and e-commerce, managed hosting and cloud services, outsourcing, sponsorship, merchandising, consignment and bailment. Our services include ensuring that our clients have comprehensive form agreements in place, drafting and negotiating agreements on behalf of our clients and reviewing, revising and negotiating agreements that are submitted to our clients by third parties. We also have extensive experience in contract dispute resolution and litigation.

Our team members have experience in a wide spectrum of industries. In order to ensure that we help our clients meet their business objectives while properly managing their risks, we make a point of understanding and following developments in the industries in which our clients are engaged and the manner in which they conduct their businesses. Our approach is to serve as an extension of our clients’ legal departments or as general counsel to clients without a legal department.

Below are some examples of industries in which we have experience, the types of agreements we commonly draft and negotiate, and recent examples of projects undertaken by members of the Commercial Services Practice Group:

Industries

  • Oil & Gas Equipment & Services
  • Consumer Goods
  • Healthcare
  • Industrial Goods
  • Retail
  • Service
  • Technology
  • Minerals

Agreements

  • Technology Development Agreements
  • Technology Licensing, Support and Maintenance Agreements
  • Consulting Agreements
  • Supplier/Vendor/Distribution Agreements
  • Information Technology Outsourcing Agreements
  • SaaS Agreements
  • Marketing Agreements
  • Private Label/OEM Agreements
  • Sponsorship Agreements
  • Collaboration Agreements
  • Confidentiality and Non-Disclosure Agreements
  • Equipment Purchase, Installation, Leasing and Maintenance Agreements
  • Managed Hosting and Cloud Services Agreements
  • Training Service Agreements
  • Telecommunications Procurement Agreements
  • Website Terms of Use and Privacy Policies
  • Terms and Conditions of Sale and Purchase (Including E-Commerce Terms)
  • E-Commerce Payment Gateway and Payment Processing Agreements
  • Worksite and Facility Surveillance Systems and Implementation Arrangements
  • Online Hiring Portal Terms
  • Social Media Promotional Campaign and Sweepstakes Implementation Terms
  • Sales Representative Agreements
  • Bailment, Consignment, Warehousing and Storage Agreements

Recent Projects

  • Negotiation of a master services agreement for the installation of equipment and licensing of software for the automation of plant procedures
  • Negotiation of long-term supply agreements for a producer of limestone and derived products
  • Negotiation of a dedicated truck transportation agreement
  • Negotiation of distributor agreements for a manufacturer of power supply products
  • Advice regarding creation of an inventory demand pull program and negotiation of supply agreements for a manufacturer of industrial products
  • Negotiation of manufacturer’s representative agreements
  • Negotiation of warehousing and storage agreements for a retail supermarket chain
  • Negotiation of supply, consignment and tank lease agreements for a petroleum products manufacturer
  • Preparation of sales representative agreements for a producer of composite polymers and plastics
  • Negotiation of master service and distribution agreements with vendors of a large regional restaurant chain
  • Negotiation of master subscription agreements for a provider of online technology infrastructure services
  • Negotiated software licensing, support and maintenance agreements (with specific cybersecurity overlay) for retail chain
  • Negotiated IT hardware/equipment purchase and maintenance agreements, including related professional services such as equipment installation/configuration. Advice regarding website terms of use and privacy policies.
  • Advice and development of e-commerce terms of sale

For clients who require assistance with commercial agreements on a regular basis, we offer fixed fee or other alternative billing arrangements which can be crafted in a manner so as to provide the client with both value and certainty of cost.