Monthly Archives: October 2009

Seeking Input on Creating a Searchable Digital Archive of Existing Contracts

I’m occasionally asked about how one might go about creating a searchable digital archive of a medium-sized company’s hard-copy contracts. It’s nothing I’ve had any …

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Wall Street Journal Article and Video on “Throughout the Universe”

The Wall Street Journal has published this article on use of the phrase throughout the universe in contracts. And below is the accompanying video. I’m …

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“Irrevocably”

Recently the word irrevocably attracted my attention. It means “unalterably.” And more often than not it’s redundant. That’s because generally when a contract party takes …

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Some Webcast Feedback

From the perspective of the presenter, one key way in which webcasts differ from live seminars is that feedback is hard to come by: since …

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The Problem with Law-Firm Template Initiatives

The history of law-firm template-contract initiatives is not a happy one. Various factors conspire against a law firm successfully implementing and maintaining rigorous templates: Law …

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Assigning Future Rights

I find that the notion of categories of contract language (considered in detail in chapter 2 of MSCD) often provides a useful framework for analyzing …

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Wire-O Is Back!

The ABA now has in inventory the third printing of MSCD. And we’ve reverted to the binding used in the first printing, namely Wire-O binding, …

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“Formally” and “Formal”

The word formally occurs fairly often in contracts. It appears in 994 contracts filed as “material contracts” on the SEC’s EDGAR system in the past …

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New Email-Update System

I’m now using a service to handle my email-update system. It’s a good deal more efficient than my previous setup. For one thing, I’m not …

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In Commercial Transactions, Which Side Gets to Draft?

While lurking at the Business Integrity booth at the ACC annual meeting, I’ve had a chance to discuss with many people their company’s contract-drafting requirements. …

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“Arising Out Of or Relating To”—Third Time’s a Charm

One function of this blog is to give me a forum for screwing up without embarrassing myself too much. In this blog post from last …

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ACC Annual Meeting Session on Contract Automation

I’m delighted that on Monday, October 19, from 9:00 a.m. to 10:30 a.m., I’ll be in Boston, taking part in a panel discussion at the …

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“Draftsman”

I recently encountered the word draftsman in a law review article. That prompted me to give some thought to use of the word. It’s certainly …

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It’s One Thing to Know the Rules, Another to Play the Game

Yesterday I posted two items (this one on and and or, this one on the passive voice) that were rather more harum-scarum than my normal …

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