Archive for May, 2010
Thursday, May 27th, 2010
I’ve written previously about signature-automation tools. (For one, see this April 2008 blog post.) Thanks to this post at Lawyerist.com, I see that Adobe has joined the fray, with its eSignatures beta. I haven’t yet checked it out; I’d be interested to know what you make of it and, in particular, how you think it [...]
Posted in Process | 3 Comments »
Tuesday, May 25th, 2010
I concluded my recent post on “good enough” in contract drafting by distinguishing the quality trade-offs inherent in the notion of “good enough” from the question of how risk-averse you want to be in drafting and negotiating deal terms. But those issues are related, in that both require you to determine when you reach the point of [...]
Posted in Process | 8 Comments »
Monday, May 24th, 2010
You sometimes see quotation marks used to offset attachment enumeration, as in these two examples from EDGAR: “Excluded Property” shall mean those items of personal property either owned by Executive or to which Executive has exclusive rights and listed on Schedule “1,” entitled “Excluded Property,” which is attached hereto and made a part hereof. The [...]
Posted in Select Usages | 4 Comments »
Friday, May 21st, 2010
It’s not often that the topic of drafting corporate resolutions comes up in my day-to-day activities. That’s why I was pleased to receive from one of the participants in my recent Chicago seminar an email that included the following: During lunch I mentioned to you that I had already put into practice the recommendations published [...]
Posted in Odds and Ends | No Comments »
Friday, May 21st, 2010
During my conversation with Dan Schwartz in connection with yesterday’s post about how to express at-will employment, Dan mentioned this post on the Minnesota Labor & Employment Law Blog, by Tiffany Schmidt of Abrams & Schmidt. It describes a Minnesota Court of Appeals case in which a school director challenged his termination. This case provides a [...]
Posted in Costly Drafting Errors | 1 Comment »
Friday, May 21st, 2010
Here’s a follow up to this recent post on how best to teach contract drafting at law school. The indefatigable Lisa Solomon told me about this article in the legal-writing journal Perspectives. It’s by Sue Payne, a clinical assistant professor of law at Northwestern University School of Law, and it describes how in two 90-minute classes [...]
Posted in Teaching | 1 Comment »
Thursday, May 20th, 2010
It’s been ten days since my previous post, but it feels a lot longer—please excuse my silence. It was caused by a combination of travel, short-deadline work, and a perfect storm of technology issues: Hacked website! Viruses! Hardware malfunction! There’s nothing like spending hours on the phone with distant technicians of varying competence to take [...]
Posted in Select Usages | 13 Comments »
Monday, May 10th, 2010
I’m coming late to the discussion of “good enough” in the context of legal services. I’ve encountered several blog posts that come at this issue from different perspectives, including this one by Carolyn Elefant, this one by Ron Friedmann, and this one by Wayne Schiess. Some of the recent discussion of this topic was prompted by Robert Capps’s [...]
Posted in Process | 11 Comments »