Bell Nunnally Partner Ross Angus Williams and Associate Scott R. Larson authored the article “Build with Bricks, Not Sticks: Helpful Provisions for Factoring Agreements” in the December 2020 issue of Commercial Factor. The piece explores some of the mission-critical clauses that are sometimes left out of or poorly drafted in factoring agreements, including those covering recovery of attorneys’ fees, forum selection, UCC filing authorizations and confidentiality. After delving into each element, they conclude by cautioning, “Following these tips in consultation with counsel, or in review of one’s agreements, will help keep a factor’s legal house strong and, ultimately, increase the collectability of — or at least the options for collecting on — unpaid accounts despite huffing and puffing from the client or account debtor.”
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