Monthly Archives: April 2007

Condition or Obligation?

In a previous post on this blog, I discussed the distinction between conditions and obligations. I said that if you express conditions using language associated …

Continue Reading »

Posted in Uncategorized | 1 Comment

Covering the Bases—A Cautionary Tale from the Litigation Minor Leagues

Because so much litigation has its roots in deficient drafting, I keep half an eye on new case law, and I can be counted on …

Continue Reading »

Posted in Uncategorized | Leave a comment

And Now a Word from the Redrafting Department

Given the attention I’ve been paying lately to my public seminars, my redrafting department—me—has asked for some airtime. Whoever you are, it’s a very safe …

Continue Reading »

Posted in Uncategorized | Leave a comment

More Information on West Legalworks Seminars

I have more information regarding the “Contract Drafting—Language and Layout” seminars that I’ll be giving this summer with West Legalworks. For one thing, here’s the …

Continue Reading »

Posted in Uncategorized | Leave a comment

Revenue Recognition and How You Date Contracts

One of the pleasures of contract drafting is that the parties are as a general matter left to their own devices. Of course you have …

Continue Reading »

Posted in Uncategorized | 10 Comments

“To the Best of Its Knowledge”

Last week a reader asked me whether I knew of any cases discussing the distinction between saying “to the Seller’s knowledge” and saying “to the …

Continue Reading »

Posted in Uncategorized | 2 Comments

New Article on Offshoring Contract-Related Work

Today’s issue of the New York Law Journal contains, in the “GC New York” section, my second bi-monthly “Contract Drafting” column. Entitled “Sending Contracts Offshore,” …

Continue Reading »

Posted in Uncategorized | 1 Comment

The U.K. Approach to “Representations” and “Warranties”

Via the InHouse Blog I learned of a briefing paper written by Leon N. Ferera, John R. Phillips, John Runnicles, and Jeffery D. Schwartz of …

Continue Reading »

Posted in Uncategorized | 2 Comments

Save the Date!—New West Legalworks Seminars

I’ll be doing for West Legalworks a summer series of my “Contract Drafting—Language and Layout” seminar. Here are the dates: June 19, Los Angeles June …

Continue Reading »

Posted in Uncategorized | Leave a comment

“Joint and Several”

When more than one party is making a set of representations, it’s commonplace for drafters to use in the representations lead-in the couplet jointly and …

Continue Reading »

Posted in Uncategorized | 1 Comment

Using “May” to Indicate Possibility

In any contract, may can be used to convey two meanings. (I’m not counting the superfluous may discussed in MSCD 3.58.) May primarily serves to …

Continue Reading »

Posted in Uncategorized | Leave a comment

Law Firms Helping to Implement Law-Department Document Assembly

In this post, Rees Morrision of the Law Department Management blog notes how some law firms are helping law departments implement document-assembly initiatives. I’m glad …

Continue Reading »

Posted in Uncategorized | 1 Comment

Yet More on “Indemnify” and “Hold Harmless”

[Update: For my 2012 take on this topic, see this post.] In an October 2006 post I discussed the terms hold harmless and indemnify. I …

Continue Reading »

Posted in Indemnification | 3 Comments

Lawyers and Contract-Management Personnel—Never the Twain Shall Meet?

On April 11–13, the American chapter of the International Association for Contract and Commercial Management (IACCM to its friends) will be holding in New Orleans …

Continue Reading »

Posted in Uncategorized | 9 Comments

“Including Without Limitation”

This blog has revisited sporadically topics that I’ve decided aren’t covered adequately in MSCD. Here’s another one—the verb include. Illustrative Versus Restrictive Including and includes …

Continue Reading »

Posted in Uncategorized | 18 Comments