Monthly Archives: July 2007

New West Legalworks Seminars for Fall 2007—Washington, D.C., Minneapolis, San Francisco, and Miami

I bring glad tidings: This fall I’ll be doing my “Contract Drafting—Language and Layout” seminar in the following cities: September 26, Washington, D.C. October 17, …

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Revised Definition of “Reasonable Efforts”

I’m reconciled to the fact that every so often I’ll change my mind on some issue and thereby render obsolete some portion of my writings. …

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Unilaterally Amending “Virtual Attachments”

In this post I discussed language to use when incorporating into a contract terms stated in an ancillary document—including a web page—that isn’t attached to …

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Calling All Practice Support Lawyers

I’m contemplating writing an article or blog post about law firms using “practice support lawyers” (also referred to as “staff attorneys”) to draft contracts. If …

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“Is Responsible For”

It’s commonplace for contracts to impose on a party a duty to take a particular action even though that action has no nexus with the …

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Document Collaboration—Q&A with Deepak Massand, CEO of Litera Corp.

In the past few months I’ve been introduced to some impressive information-technology tools. (Click here, here, here, and here to see the related posts.) My …

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The Perils of Providing for Entry into a Contract on “Customary” Terms

In this September 2006 blog post I examined the phrase form and substance, as in “an opinion of counsel in form and substance satisfactory to …

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Alternative Defined Terms

Let’s tour the universe of alternative defined terms. Alternative Defined Terms for Party Names In MSCD 2.40 I note that drafters sometimes give alternative defined …

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Any Excuse to Revisit the Traditional Recital of Consideration

Via Ray Ward of the (new) legal writer, I learned that Lowering the Bar had a take on the saga of the contract written in …

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“Etc.”

Don’t use Etc. in section headings, as in “Effect of Merger, Consolidation, Etc.” It conveys the impression that the drafter couldn’t be bothered to come …

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How Even the Humblest of Drafting Glitches Can Spur Litigation

Today’s case is Mary J. Baker Revocable Trust v. Cenex Harvest States, Coops., Inc., 2007 MT 159 (Mont. 2007). (Click here for a copy.) In …

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Reminder—New York, Seattle, and Boston Seminars

The “Contract Drafting—Language and Layout” summer tour continues! Next up is Jones Beach New York on Wednesday, July 18th, Seattle on Wednesday, July 25th, and …

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“Effective Date”

It’s commonplace to refer in a contract to effectiveness of something or other—a merger, perhaps, or a registration statement. That’s unobjectionable. But I’m dubious about …

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Revisiting the English Case on “Best Endeavours” and “Reasonable Endeavours”

I subscribe to the RSS feed of Mondaq.com, a repository of law-firm white papers, newsletters, whatever you want to call them. Occasionally something will show …

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