Monthly Archives: June 2007

Having Parties Date Their Signatures—Seeking Comments on Draft Language

In this blog post, I described how in certain circumstances you might want to date a contract by having the parties date their signatures rather …

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Document Assembly—Q&A with Jamie Wodetzki, CEO of Exari

I’ve long been familiar with two big names in logic-driven document assembly, namely HotDocs, by LexisNexis, and DealBuilder, by Business Integrity. But over the past …

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Saying You Have a Deal Before the Contract Has Been Finalized

Eric Goldman—he of the Technology & Marketing Law Blog and Goldman’s Observations Blog—recently told me about an interesting case, EEOC v. Regal-Beloit Corporation, 2007 U.S. …

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New NYLJ Article on “Wordsmithing”

Today’s issue of the New York Law Journal contains my article “Wordsmithing.” Click here for a pdf reprint; it’s also available on the GC New …

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Document Assembly—Q&A with Laura N. Williams, General Counsel and Director of Legal Professional Services, Ixio Corporation

One unfortunate aspect of my life as a drafting ronin is that my workload is so utterly varied and unpredictable that I’m not able to …

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Two Aspects of “May”—A Case Study in Interpreting Contract Language

The other day, a reader of this blog—I’ll call him John—contacted me about a problematic bit of contract language. (I’ll refer to it as “John’s …

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“During the Term of this Agreement”

During the term of this agreement seems an innocuous enough phrase, but more often than not it’s redundant. The default rule is that contract provisions …

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Real-Time Document Collaboration

In my recent article on using wikis in the contract-drafting process, I suggested that a simpler way to capture the collarborative aspect of wikis without …

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“Unless the Context Otherwise Requires”

Here are some examples, drawn from the SEC’s EDGAR database, of provisions containing the phrase unless the context otherwise requires: Unless the context otherwise requires, …

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“Costs and Expenses”

The doublet costs and expenses occurs routinely in contracts. Here’s an example selected at random from the SEC’s EDGAR database: If action is instituted to …

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“Competitive”

The word competitive is routinely misused in contracts. That comes as no surprise, given that it’s routinely misused in legal and business writing generally. Competitive …

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Contract Language and Layout—Ten Dos and Don’ts

Given that I’ve been blogging for a year, I thought I’d take the opportunity to pull together in this post, in the form of “dos” …

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