Monthly Archives: January 2007

Lawyers as Writers

In this item that he posted on his blog last November, Wayne Schiess mentions that when he was a full-time practicing lawyer, he thought he …

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New Law Review Article on the Ambiguity of “And” and “Or”

St. John’s Law Review has just published my new article, Revisiting the Ambiguity of “And” and “Or” in Legal Drafting. My co-author is Alan S. …

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“Warranty”

It’s high time I tackled warranty and the related verb to warrant. Here’s my first stab at this topic. Background In this Business Law Today …

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“Throughout the Universe”

Fans of overkill—if you like from the beginning of time, you’ll love throughout the universe. You can find it in rights-granting language, as in the …

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More on “Hold Harmless” and “Indemnify”

In a recent post I discussed the terms hold harmless and indemnify. I noted that Black’s Law Dictionary states that the two terms have the …

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A Note to Those Who Receive AdamsDrafting Email Updates

Quite a few readers of this blog have signed up to be notified by email whenever I post a new item. But I suspect that …

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“Be and Hereby Is”—The Lamest Drafting Usage?

I like to think that my recommendations regarding contract drafting fly under the radar—that most people who read an MSCD-compliant contract won’t find anything disconcertingly …

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Reminder: New York and Atlanta Seminars

Now that the holidays have come and gone, allow me to take the liberty of reminding you that my two seminars with West Legalworks are …

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“Execute and Deliver”

I’ve never been fond of the phrase execute and deliver, so this weekend I took the opportunity to revisit it. My conclusions are modest enough. …

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How a Court Determines Whether Something Is an Obligation or a Condition

One of the joys of being a contract-drafting guy is that I don’t have to dwell on the mess that results when courts have to …

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“Warrant,” “Warrant Agreement,” and “Warrant Certificate”

Today’s topic is warrants. By warrant, I mean an instrument granting the holder a long-term option to buy shares at a fixed price. (I discuss …

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