Monthly Archives: January 2009

New 2009 Seminar Dates (Including Some Testimonials)

I’ll soon be resuming my itinerant ways. In particular, my first public seminar of 2009 is on February 24, in Houston. And 2009 just got …

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Adopting a House Style for Contract Drafting

To accomplish any given drafting goal, one usage will be more efficient than the others. Once you accept that notion, it follows that it would …

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Drafting by Committee? Not So Good

Today Rees Morrision posted this item on his blog. It makes the point that groups are good for sharing information but not so good for …

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More on Prospects for Change: Getting Outside Counsel to Cooperate

This post earlier this month considered how to ensure that people on the other side of a deal don’t balk at MSCD-compliant language. But what …

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Follow this Blog on Twitter

In this post from earlier this month, I expressed incredulity at the idea of my being able to make good use of Twitter—what I do …

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Prospects for Change

A couple of recent posts (this one and this one) prompted some gnashing of teeth and rending of clothes by commenters frustrated at the pushback …

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The Different Ways of Signing Legal Documents Electronically

Thanks to Bryan Sims of The Connected Lawyer, I came across (1) this useful post by TechnoEsq on the different ways of signing legal documents …

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With Free Online Forms, You Get What You Pay For

Rees Morrison, prolific blogger on all things law-department-related, posted this item about free legal forms available online. Here’s what it says: As the online world …

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Numbering or Lettering Schedules and Exhibits: A Proposal

Here’s the approach that’s reflected in MSCD: If you could accomplish any given drafting goal in a number of different ways, consistency and efficiency would …

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“As Well As”

In this October 2008 blog post I said that together with is usually a roundabout way of saying, depending on the circumstances, and or with …

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Does One “Enter Into” or “Enter” a Contract?

The following is from reader Tom Hertz: Based on MSCD, I gather that you’d say that parties enter into an agreement, rather than simply enter …

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Language Requiring Deletion of Electronic Files

I received the following inquiry from Sarita Nair of the New Mexico law firm Sutin, Thayer & Browne: I am struggling to find a concise …

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Mulling Over Feedback from a Law-Firm In-House Seminar

I used to be reticent about asking for feedback after giving an in-house seminar—heaven forbid that I should be a nuisance! But I now make …

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When Cultures Clash in Contract Drafting

David Miller is general counsel of Rogers Communications, the Canadian communications company. I met him in 2007 when, shortly after helping them out in the …

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The Forthright Negotiator Principle and Creative Ambiguity

In this December 2007 post I wrote about the Delaware Chancery Court opinion in the litigation between United Rentals Inc. and two Cerberus Partners acquisition …

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Using the ABA’s Deal Points Studies

One of the more useful perks of being a member of the American Bar Association is that you get access to the “Deal Points Studies” …

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MSCD Second Edition Now Available on Amazon

The first few months after the ABA publishes a book, you can purchase it only through them. Thereafter, they start to distribute it through the …

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What to Do When the Other Side Wants to Change Your MSCD-Compliant Language

Longtime reader Michael Fleming sent me the following cry of pain: Below is a little taste of a markup I received from the other side …

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Which Come First, Schedules or Exhibits?

When you assemble the components of a contract that refers to schedules and exhibits, which should come first after the main part of the contract? …

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I Won’t Be Using Twitter Any Time Soon (I Think)

[Update: You might want to read the comments.] You may have heard of Twitter. It’s a free social-networking service that allows users to send updates …

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Proofreading Tips?

I recently received the following inquiry from reader Kathleen: I was wondering, do you have a proofreading system or any tips? Especially for when there …

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Using Parentheses Instead of “Respectively”

In MSCD 12.328, I say that respectively serves to indicate that each item in a list earlier in a sentence is to be paired with …

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