Monthly Archives: September 2010

For Optimal Contract Language, Don’t Follow the Herd

In this post on his Contract Analysis and Contract Standards blog, Kingsley Martin notes that empirical analysis of contracts allows you to determine what they …

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What U.S. Cities Should I Add to My 2011 “Drafting Clearer Contracts” Dates?

In partnership with West LegalEdcenter, I do an all-day version of my “Drafting Clearer Contracts” seminar in cities throughout the U.S. Click here for the …

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Are Some Terms Too Obvious to Define?

I’m back teaching at Penn Law, working through the chaos that inevitably seems to accompany the first couple of weeks. A sign that we’re getting …

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Is Contract Drafting “Deadly”?

This American Lawyer article about the lawyers of the “Forbes 400″ reminded me that real-estate developer Sam Zell once said, regarding his first days as …

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LinkedIn Groups: The Wisdom of Crowds, the Tower of Babel

Readers of this blog will be aware that I’m partial to the notion of lobbing questions to a broad and interested readership and seeing what …

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Some More BigLaw Seminar Feedback

I’ve previously (in this blog post and this blog post from November 2009) ruminated over the relative dearth of BigLaw associates at my public seminars …

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Unilaterally Fixing a Signed Contract Is a Bad Idea

Via Above the Law, I learned of this article in the Los Angeles Times. Frank McCourt, owner of the L.A. Dodgers baseball team, is engaged …

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“Books and Records”?

Reader Macy Shubak recently asked me the following question: How do you feel about using “books and records” as in “Investor may inspect the Company’s …

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Working Through the “What Ifs”

A crucial part of drafting any contract is making sure that you’ve worked through the “what ifs”—that you’ve addressed all conceivable scenarios and that nothing …

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Real Change: Not from the Demand Side or the Supply Side, But from the Outside

When it comes to contract drafting, change is tough. For one thing, it’s precedent-driven. And it’s a team sport—instead of being able to draft in …

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Getting Litigator Input When Drafting Contracts

In the article on arbitration versus litigation that I mentioned in this post, a couple of the litigators interviewed noted wistfully that they’re almost never …

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Tweaking Your Arbitration Clause

If you’re a fan of the litigation-versus-arbitration debate, you’ll find of interest this article on law.com. It’s from the Legal Intelligencer, and it’s by Gina Passarella. …

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Some Thoughts on Theory Versus Practice in Law Schools

In recent days there’s been plenty of chatter about this post on Balkinization by Jason Mazzone, a professor at Brooklyn Law School. Here’s the meat of …

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“Mandatory”

The word mandatory can come in handy in contracts, for example in the defined term Mandatory Conversion, as distinguished from Voluntary Conversion. But it can …

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