Monthly Archives: March 2008

Tough Times a Spur to Clearer Drafting?

This from the Lex column in today’s Financial Times, regarding Bear Stearns and the Cerberus litigation: It is too simplistic to blame sloppy drafting for …

Continue Reading »

Posted in Uncategorized | Leave a comment

Proofreading, Anyone?

Input from readers of this blog has already served to enhance the second edition of A Manual of Style for Contract Drafting. But why stop …

Continue Reading »

Posted in Uncategorized | Leave a comment

When a Party Has a Limited Role in a Transaction

Special thanks to reader Tony for reminding me of a usage that had slipped my mind: becoming party to a contract with respect to only …

Continue Reading »

Posted in Uncategorized | Leave a comment

Drafting Errors in the Bear Stearns Merger Agreement? What a Shock!

[Update March 24, 5:30PM EDT: Some people are suggesting that there's something fishy to the story of Wachtell's "mistakes." See, for example, this post at …

Continue Reading »

Posted in Uncategorized | 6 Comments

The Bear Stearns Merger Agreement—It’s Not a Thing of Beauty

I’m grateful to stalwart readers Steven Sholk and Mike Wokasch for contacting me about the Bear Stearns merger agreement. (Click here to go to a …

Continue Reading »

Posted in Uncategorized | 8 Comments

English as the Lingua Franca of Contracts

I’m working on the introduction to MSCD2, and five minutes ago I wrote this: English is used in contracts around the world, and not only …

Continue Reading »

Posted in Uncategorized | 5 Comments

Stating Amounts of Money

I can think of five issues relating to how you state amounts of money in a contract. Words and Numerals Drafters will often do the …

Continue Reading »

Posted in Uncategorized | 7 Comments

The Importance of Issue Spotting

Most of what I do addresses how to express clearly and efficiently whatever you want to express in a contract. But that only goes so …

Continue Reading »

Posted in Uncategorized | Leave a comment

The Current MAC Environment

I’ve written at inordinate length about how MAC provisions are used in contracts and how MAC is defined. But I don’t much get into whether, …

Continue Reading »

Posted in Uncategorized | Leave a comment

Sources of Uncertainty in Contract Language

[I was prompted to write this post after consulting, over the past few months, dozens of cases ostensibly involving ambiguity but in fact dealing with …

Continue Reading »

Posted in Uncategorized | 7 Comments