Monthly Archives: May 2007

“It Being Understood”

I recommend that you give serious thought to never using it being understood. In the vast majority of instances, it being understood is equivalent to …

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Using Recitals to Tell a Story

I recently reviewed for a company a draft settlement agreement that had been prepared by outside counsel retained by the company. I thought the draft …

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Using “Parties” as a Defined Term

Regarding use of the word parties as a defined term, MSCD 2.42 says the following: [D]o not use the defined term the Parties. It ostensibly …

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Adams to Speak at the ABA Annual Meeting

At the ABA Section of Business Law annual meeting, which this year is being held in San Francisco, I’ll be on the panel for a …

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Costly Drafting Errors, Part 2—Cussler Versus Crusader Entertainment

In litigation between author Clive Cussler and Crusader Entertainment over production of the movie (and box-office flop) “Sahara,” a jury recently ordered Cussler to pay …

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Reflections on a Year of Blogging

I posted my first blog item a year ago yesterday, so I thought that a bit of navel contemplation was in order. In this item …

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Some Terminology Relating to Representations

Don’t worry—I’m not going to get on my representations and warranties hobby-horse again. Instead, I just want to point out some terms that are inappropriately …

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Translating Contracts

I’ve recently been thumbing through Translating Law, by Deborah Cao, associate professor at the School of Language and Linguistics, Griffith University, Queensland, Australia. It appears …

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The Word “Indenture”

The word “indenture” is something of an oddity. Here’s how Black’s Law Dictionary defines it: A formal written instrument made by two or more parties …

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Should You Retain Drafts of Contracts?

Each law firm where I worked doubtless had a written records-retention policy, but I was blissfully unaware of it. Instead, I and at least some …

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Illinois Case Provides Great Example of Syntactic Ambiguity

A recent Illinois case, Regency Commercial Assocs., LLC v. Lopax, Inc., 2007 Ill. App. LEXIS 476 (Ill. App. Ct. May 4, 2007), provides a great …

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Contract Lifecycle Management—Q&A with Ashif Mawji, President of Upside Software Inc.

For this first post in an occasional series about contract lifecycle management (for more background, see this introductory post), Ashif Mawji, president of Upside Software …

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Contract Lifecycle Management—Some Preliminary Thoughts

My interest in contract language is largely a function of my interest in process. In particular, readers of this blog will be familiar with my …

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Avoiding Arguments Over Whether Singular Also Means Plural

Today’s case from the drafting hall of shame is a case recently decided by the Nebraska Supreme Court, Coral Production Corp. v. Central Resources, Inc., …

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Adams Does “ABA Book Briefs” Podcast

The latest addition to the American Bar Association’s series of “ABA Book Briefs” podcasts is an interview with yours truly. In it, I talk for …

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Who Owns the Copyright, Outside Counsel or the Client?

Last year the New York Law Journal published my article “Copyright and the Contract Drafter.” I’d now like to revisit who owns copyright in a …

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Sixth Circuit Case on Meaning of “Foreclosure”—A Case Study in Lexical Ambiguity (or Vagueness)

In Provident Bank v. Tenn. Farmers Mut. Ins. Co., 2007 U.S. App. LEXIS 10671 (6th Cir. May 2, 2007), the Court of Appeals for the …

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EchoSign—A Signature Automation Solution

IACCM‘s email updates are a reliable source of interesting leads, and the April update was no exception, in that it mentioned EchoSign, a company that …

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When Implementing Modern Contract Language, Pick Your Battles Carefully

A few days ago, in a comment to my post on justified text, reader j-lon had, in part, this to say: Actually, a lot of …

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“Software” Page Restored

Late last year I created the “Software” page of this site to describe how the Numbering Assistant—a popular paragraph-numbering utility offered by Payne Consulting Group—has …

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Justified Text Versus Ragged-Right Text

In most printed text that I read, whether in books, magazines, or newspapers, the margins are justified. Here’s how James Felici, The Complete Manual of …

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