ELS CASE STUDIES

 

Explore a world of possibilities -
Be ready for the after effect!

The Publisher's Agreement

As legal counsel hired on a one-year contract, ELS advised this studio of its obligations to its publisher's agreement when production started backsliding due to internal problems. 

1. The chief production manager wanted to know the consequences for missing a milestone schedule for delivery of a playable to the publisher.

2. The chief creative officer wanted know what restrictions he had in ordering additional dev kits for his team.

3. With technical issues threatening the production of this studio's game, the HR manager needed to secure his team of programmers with extended freelance agreements; however, the challenge would be facing the barriers in Dutch law regarding the time length a freelancer can work for one client.

With production staff worn out and resources tapped out, this studio needed to know how to proceed with the difficult task of contacting their publisher.

Finding a Peter to Pay Paul 

ELS needed to negotiate a finder's fee agreement between an investment broker's lawyer and my client. 

1. ELS didn't back down on refusing too long a term for the finder's fee.

2. ELS compromised terms according to the client's wish, if and when it did not legally obstruct the client's goals.

3. ELS stressed to its client the importance of respecting executed non-disclosure agreements with financers when this broker's lawyer argued information could be freely shared.

4. With a struggle ended, ELS prepared the final finder's fee agreement for execution.


ROI, Oh My, Oh My! 

Now, ELS wouldn't normally take on a case like this -- a developer was in trouble with its game when financial problems stalled production and the game's investors wanted answers.

1. The company's board wanted to know what actions could be taken against them in light of the stalled production.

2. ELS reviewed the company's loan agreement, pledge of security, and several assignment agreements the company had signed with the investors.

3. ELS' final determination was for the company to enlist the services of an investment lawyer under the suspicion that the game's investors were trying to bite off more of the pie than what was baked!

Freelance Follies and Faux Pas

While handling human resource management for one company, the troubles of hiring freelancers became apparent when the projects got longer than the tax authorities allowed. The whole effort was even more frustrating when it was obvious that this booming industry had not given this country's chamber of commerce and other authorities enough time to catch up with the rules on regulating freelancing in this sector.

 

Cameraman(woman)? Fine. Photographer or Reporter? No Problem!

 

But what does a company do when it must hire foreign digital artists to work onsite for lack of talent within its own borders?

 

There are possibilities -- long, tedious, and in some cases buried underneath a pile of red tape -- but possibilities nonetheless.

 

The key to getting this company's freelancers registered with officials was understanding that some countries in the EU haven't completely caught up to the whole idea of "Open Borders with Neighboring Countries" in some of their processes.

Imagine what it must be like for HR or Personnel who must advise applicants of the various facts regarding freelancing, not really understanding it themselves because there are no concise regulations within the country's law.

 

Nevertheless, laws do change. And keeping on top of developments through constant research and contact with government  agencies, ELS was able to provide the information this company's HR department needed to ensure the tenure of its staff.

Service Termination


                THE EPIPHANY

 

There comes a time when a production manager realizes the working relationship between provider and client has strained and neither gets what the other wants anymore.

 

1.  After several talks midway a milestone, a client of ELS had to stop production for a major Swedish developer/publisher. ELS advised this service provider of legal and financial implications and obligations according to its agreement.

 

2. After more talks and some quick negotiations with the chief financial officer, ELS' client walked away from the development with this big European company -- but not empty handed! ELS assisted with the termination of service notice which contained a confirmation of the milestone, dates, and deliveries at the time of termination. This pinpointed exactly how much the developer/publisher still owed ELS' client and aided in fast payment.

 

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