Monthly Archives: December 2009

The Second Edition of MSCD, One Year Out

December is when the American Bar Association tells its authors how their books did during the year that ended the previous September 30. So a …

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Glenn West Reopens the “Represents and Warrants” Can of Worms!

You may recall my September 2009 post regarding my correspondence with Glenn West on that deathless subject, the phrase representations and warranties. (If you’re new to …

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“Ceteris Paribus”?

A reader recently asked me about use of the phrase ceteris paribus in contracts. I was unfamiliar with this phrase—no Latin scholar I—so the first …

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Affiliates or Subsidiaries as of When?

Reader Bob Bramson suggested to me that I have a look at GTE v. Cellexis, 341 F.3d 1 (1st Cir. 2003). So I did. At …

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Go Easy on the Capitalization

A few readers let me know about a Minnesota bankruptcy court judge who issued a set of guidelines for lawyers submitting proposed orders to him. …

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Redacted Version of My Response to a Template-Redrafting RFP

Recently I’ve been having more discussions with companies regarding redrafting their templates. In particular, I recently responded to an RFP (“request for proposal”) from an …

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More Mischief with Commas

I learned from this post on Language Log that use of commas in a provision of the Bankruptcy Code has become an issue in the …

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Practitioners and Scholarship: Oil and Water?

I’m prone to suggesting that the dysfunction in mainstream contract language can largely be attributed to the precedent-driven nature of transactional work. But perhaps another …

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Other Header and Footer Information?

Two items I posted today considered the format of page numbers and use of logos in headers and footers. And comments to this October 2009 …

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Adding Logos to Your Contracts

I’ve occasionally seen, or heard of, contracts with a company or law-firm logo in the header or footer. And contracts can be printed on letterhead. Do …

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“Page X of Y”

While leafing through a company’s template contracts today, I noticed that they use the page-number format Page X of Y. This page-numbering format offers two …

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So I’m in the Blawg 100

This blog has been included in the ABA Journal’s “Blawg 100“—their listing of “the best legal blogs as selected by the Journal’s editors.” It’s always …

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Penn Law Panel Discussion on Contract Drafting at Law Firms (Including Edited Transcript)

Last week’s class in my Penn Law course on contract drafting was devoted to a conference call on the topic of contract drafting at law …

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