Monthly Archives: March 2009

How Useful Is MSCD in Canada and Other Jurisdictions Outside the U.S.?

John Gillies, director of practice support at the Toronto law firm Cassels Brock, spoke on contract drafting at a conference put on by the Ontario …

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A Gripping Issue of Notice-Provision Terminology: “Telecopier,” “Facsimile,” or “Fax”?

Every issue of contract language, no matter how minor, is worth addressing correctly. And some readers have clearly embraced that approach. For example, I received …

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Adams Featured in Article in Financial Times

Click here to go to it. (You may need to register, without charge.) This is the first time I’ve gotten any real coverage outside of …

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Automating Template Creation and Document Benchmarking: Q&A with Kingsley Martin, CEO of KIIAC

Through the contract-automation grapevine I heard about Kingsley Martin, president of KIIAC LLC, a company using proprietary software to help customers analyze contract models. Kingsley …

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Speaking at DELVACCA Conference

On April 1 I’ll be in Philadelphia, speaking at the first conference for in-house counsel organized by DELVACCA, the Delaware Valley chapter of the Association …

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Contract Lifecycle Management: A Q&A with Harry Angel of Symfact

I’ve written before about contract-lifecycle-management (CLM) software. (Click here for some general thoughts on CLM; the ACC Docket article I co-authored also discusses CLM.) I’m …

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Using and Defining “Subsidiary”

I was prompted to consider the word subsidiary when I realized that it’s not necessarily clear what kind of entities can be a subsidiary. And …

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Lexical Ambiguity: What Does “Offshore” Mean?

Jones v. Francis Drilling Fluids, 2009 U.S. Dist. LEXIS 21388 (Mar. 17, 2008 S.D. Tex.), concerns a worker injured while working on a floating drill …

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Use of “Spouse” in Business Contracts

Reader Jonathan Handel—he of the Digital Media Law Blog—sent me the following interesting inquiry: I’m wondering if you have any thoughts in regards to a …

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Businesspeople as Drafters and Reviewers of Contracts

I recently leafed through Business Contracts: Turn Any Business Contract to Your Advantage (Entrepreneur Press 2007). The publisher was kind enough to send me a …

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Right and Wrong in Drafting Usages

Someone who does a lot of presentations to law firms recommended to me that when I field comments from the audience, I should avoid suggesting …

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Presenting Contract Text in Full and in Bullet Points

Longtime reader D.C. Toedt pointed out to me this post on The Consumerist. It applauds the terms of use of a company called Aviary, in …

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“Latent Ambiguity” Is a Confusing Concept

This post isn’t intended for drafters so much as judges and litigators. In a recent bankruptcy case, In re IdleAire Technologies Corp., 2009 Bankr. LEXIS …

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Verb Use in the Introductory Clause

Yesterday I got a call from a reader inquiring about verb use in my recommended form of introductory clause. I love that kind of inquiry. …

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Some MSCD Testimonials

I’ve belatedly updated the testimonials on the MSCD page of this site. To spare you having to click on the link, I’ve copied the testimonials …

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“Best Efforts” Under Canadian Law

In connection with one of my Calgary seminars, someone suggest that my treatment of best efforts doesn’t apply in Canada. I thought I should address …

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How Not to State the Deadline for Submitting a Bid or Taking Any Other Contract Action

A few weeks ago, while driving my daughter Sydney somewhere in Garden City, I laid the following observation on her: If you have to take …

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More on “Time Is of the Essence”

Drafters use the phrase time is of the essence to indicate that failure to meet a contract deadline constitutes grounds for termination. But as I …

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Notes on a Week in Calgary

I’m at the tail end of a productive week spent in Calgary. Last Thursday I gave a seminar for Petro-Canada and its outside counsel, Fraser …

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Addressing All Eventualities in Contract Procedures

A recent Texas case, XTO Energy, Inc. v. Smith Production, Inc., 2009 WL 442003, No. 14-07-00069-CV (Tex. App. Hous., Feb. 24, 2009), shows why it’s …

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Article in The Lawyers Weekly on “Plain Language Movement”

The current issue of the Canadian periodical The Lawyers Weekly contains an article entitled “Plain Language Movement Gaining Steam.” It’s a useful introduction, although regular …

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