Not MFN but BUCK – Best Under Conditions Known

Having heard about licensing terms that need to be FRAN (fair, reasonable, and non-discriminatory), I thought of Most Favored Nation terms. Law departments so routinely insist on MFN terms from their primary firms that the privilege has been diluted to meaninglessness and firms don’t really know how to comply (See my post of April 30, 2009: MFN impositions with 8 posts.).

Best Terms under the Conditions Known comes closer to FRAN. A sliding scale of rights granted by law firms more fairly suits the complexities of different clients with different styles, expectations, and in-house capabilities, not to mention volume, sophistication, and predictability of work.

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