Monthly Archives: July 2008

Are Law-Firm Contract-Drafting Services a Commodity?

In this post on his Law Department Management blog, Rees Morrision—prolific consultant to law departments—quotes a survey in the July 2008 issue of Inside Counsel …

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Observing Contract Deadlines—A Cautionary Tale Involving FaceTime Communications and Reuters

In this post on his Goldman’s Observations blog, Eric Goldman describes a dispute between FaceTime Communications and Reuters. Reuters licensed FaceTime’s software for two years …

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Whether to Refer to the Possibility of Dispute Over an Invoice

Eric Goldman recently sent me the following inquiry: A typical vendor’s contract will say something like “Customer shall pay invoiced amounts within 30 days of …

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ABA Cyberspace Law Committee Looking to Develop New Model Contracts

Through this post by Michael Fleming on the Cyberspace Lawyer’s Blogger, I learned that the Cyberspace Law Committee of the ABA Section of Business Law …

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2009 U.S. Seminar Dates, Plus Stray Thoughts on Public Seminars

For those who like planning in advance, here are my West Legalworks seminar dates for 2009: Feb. 24, Houston Mar. 3, Atlanta April 9, Cleveland …

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New Article on Consequential Damages

The May 2008 issue of The Business Lawyer contains a great article by Glenn D. West and Sara G. Duran of Weil Gotshal entitled “Reassessing …

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Abuse of Nondisclosure Agreements

I have a soft spot for nondisclosure agreements, or NDAs (also known as confidentiality agreements): They’re relatively short and straightforward, yet they’re subtle enough that …

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Article on Clumsy Drafting of an Earnout Provision

A common feature of M&A contracts is the “earnout” provision—a provision that specifies that the purchase price will be increased if the business being acquired …

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Behind the Scenes of the “Such As” Case

Thanks to the litigation in Lawler Mfg. v. Bradley Corp., recently I discovered the nuances of such as. That led me to write about such …

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MSCD Second Edition Available on Preorder

Publication of the second edition of A Manual of Style for Contract Drafting is fast approaching. One sign is that a page for the book …

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Having a Parent Company Enter Into a Contract “On Behalf” of an Affiliate

A reader recently asked me the following question: We frequently sign global services agreements that provide that the parent company is signing “for and on …

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Using “Anniversary” to Denote a Milestone in Months

Here’s what Garner’s Modern American Usage has to say about anniversary: anniversary (= the day of the year on which an event occurred in a …

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