Monthly Archives: February 2009

Law, the Working Life, and Innovation

Recently I’ve enjoyed reading some thoughtful posts offering different takes on the working life in law—how to make it more meaningful, or at least how …

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A New Term Is Born—”Backending”

In MSCD 3.57, I use the term “frontloading” for the process of pulling select information out of the body of the contract and placing it …

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My NYLJ Article on Retooling Your Contract Process for the Downturn

The New York Law Journal has published, in its “GC New York” section, my article entitled “Retooling Your Contract Process for the Downturn.” Click here …

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“Shall”—Once More Unto the Breach

I’ve learned that Twitter can serve as an early-warning system. Thanks to a Twitter update by Lance Goddard—he of the blog Are You Writing This …

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Free Time in Houston on Feb. 25

On Wednesday, February 25, I’ll be in Houston, cooling my heels between seminars. If you’re in the Houston area and you’d like to meet with …

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“In Accordance With” and “According To”

Reader Doug asked me about the difference, if any, between in accordance with and according to. Garner’s Modern American Usage says that according to means …

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The Lilly Ledbetter Fair Pay Act and Syntactic Ambiguity—A Cautionary Tale

Reader Kazu brought to my attention the following language from the recently enacted Lilly Ledbetter Fair Pay Act (emphasis added): For purposes of this section, …

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What Businesspeople Think of Contract Language

I’m at Tremblant, the Quebec ski resort, at the invitation of the Canadian Healthcare Licensing Association. I just finished giving a short version of my …

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Contracts as a Relationship-Building Tool

Some people regard the contract process as an adversarial one. I encountered a great example of that recently: someone I’ve been corresponding with used the …

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Using “Any” to Tame “And”

Here’s a case of modest interest to you fans of and and or: County of Du Page v. Ill. Labor Rels. Bd., No. 105395, 2008 …

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Lexical Ambiguity: A New Case for Fans of Frigaliment

While at LegalTech on Tuesday, I picked up a free copy of the New York Law Journal, just for the sheer novelty of reading it …

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Revising Your Contracts to Reflect Changed Circumstances

Reader Melvin told me about this item on Lexology by Jeffrey P. Drummond of Jackson Walker LLP. It’s about how the Third Circuit Court of …

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When the Parties Know That an Obligation Can’t Be Performed

Included in the extensive comments to my recent post “Language Requiring Deletion of Electronic Files” is a comment by Michael Fleming to the effect that …

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