Monthly Archives: June 2010

When Adding “Material” to a Representation, Which Noun Should You Modify?

Over the years I’ve written about materiality a number of times. The discussion in MSCD represents my most recent take, but I’m revisiting the subject …

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Watch Out for Metadata

I don’t exchange drafts with people on the other side of a transaction, so generally I don’t have to worry about metadata. But if unlike …

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Next Stop on the Canada Tour: Halifax, NS

Under the auspices of my Canada partner Osgoode Professional Development, I’ve done public seminars not only in Toronto but also Vancouver, Calgary, and Ottawa. Next …

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Blog Civility: How Am I Doing?

I just received the following broadside from a reader: You choose to use your blog to tout your own book and for self-validation. I certainly …

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An Online Test of Contract-Language Proficiency?

Recently I’ve been pondering whether I should put together an online multiple-choice test that would allow users to assess their command of MSCD-compliant contract language. …

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Another Article on ContractExpress

I’ve written previously about ContractExpress, the document-assembly software developed by my partner and sponsor, Business Integrity. (See this February 2010 blog post for my Q&A …

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“Therefor”

A reader asked me what I think about therefor. Here’s my equivocal answer: In MSCD 12.99 I note that here- and there- words such as …

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Airing a Slogan for a Make-Believe Ad Campaign

If I were at the helm of a well-funded trade group called “The Association of Contract-Drafting Professionals” (yeah, right) and we were rolling out an …

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“Best Efforts” Under Canadian Law: Once More, With Feeling

If you want to do business in the marketplace of ideas, you have to be prepared to repeat yourself, and you should be willing to …

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The Connection Between Contract Drafting and Negotiation

I thought it worthwhile to scoop from the comments to my recent post on deal risk an exchange I had with Vickie Pynchon of the Settle …

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Revisiting the Meaning of “Closing”

[Revised July 24, 2010 to (1) revise the meaning of Closing so that it means the same thing as Effective Time, (2) eliminate the defined …

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Drafting a Contract Provision That Tells Only Part of the Story

I’m familiar with the ethics-in-drafting implications of including in a contract a provision that’s invalid. This topic is explored in Gregory M. Duhl‘s article “The …

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