Monthly Archives: January 2008

Alliance Data Systems, Blackstone Group, and “Reasonable Best Efforts”

If anyone is wondering why I’ve been devoting time to efforts standards, have a look at this post on DealBook by Steven Davidoff regarding a …

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What the Heck Does “Best Efforts” Mean?

I suspect that the one usage that causes me most aggravation is best efforts. That’s because the way I see it is diametrically opposed to …

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Quanta v. LG—Chief Justice Roberts on the “Let’s Sort It Out in Litigation” Approach

Sidestepping a contentious contract issue with the notion of working it out in litigation is a standard strategy, but you don’t often find examples of …

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Contractions? In a Contract?

One sure route to a stiff, starchy prose style is not to use contractions. They’re suitable in all but the most formal kinds of writing, …

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What Don’t You Like About MSCD?

Have you thought to yourself, as you flipped through A Manual of Style for Contract Drafting, that I’d failed to address adequately, or at all, …

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Great Case on Whether Discretion is Limited

I love it when I spot an issue and analyze it, and subsequently a case comes down that hinges on exactly that issue. You may …

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Including “Plan of Merger” in the Title of a Merger Agreement

Here’s another fresh extract from the manuscript of MSCD2. It’s from the section “The Title,” and it addresses at greater length something I mention in …

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Contracts Under Seal?

I’ve snickered at the notion of contracts under seal, but I’ve never studied the topic. Here’s what I found out: In medieval England, a seal—consisting …

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Vancouver Seminar on April 1, 2008

On April 1 I’ll be giving my “Contract Drafting—Language and Layout” seminar in Vancouver, B.C., for the first time. Click here for the brochure. As …

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Including Headings in Cross-References

Here’s a paragraph from the manuscript for MSCD2. It’s so fresh that steam is still rising from the words: An internal cross-reference that consists of …

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“From Time to Time”

In this November 2007 post, I suggested that the phrase at any time is always extraneous. Well, the same goes for from time to time. …

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January 9 ACC Teleconference

On Wednesday, January 9, at 1:00PM Eastern Time, the Law Department Management Committee of the Association of Corporate Counsel will be holding their monthly teleconference. …

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