In a comment to this post, reader Westmorlandia offered the following: I usually prefer “on behalf of” when talking about execution, as otherwise some lawyer will try to argue that a contract signed through agency (almost always the case with companies) was not signed “by” the company. So, the question is, would there be any benefit to saying “signed on … Read More
For a couple of years I used my Wacom Graphire Wireless tablet to annotate PowerPoint slides during my seminars. (I wrote about it in this 2009 post on the AdamsDrafting blog.) It doesn’t have a screen—instead, it has a flat surface on which I wrote with a pen-like stylus, with my scribbles appearing on the projected image of my laptop … Read More
Any law firm looking to put its contract drafting on an efficient footing will face challenges. (I discuss them in this article.) But slightly different considerations might come into play if you’re a solo transactional lawyer. That’s something I decided to explore with the following three volunteers: Abe Sadie: Abe was a colleague in my BigLaw days; last year went … Read More
I recall that in my BigLaw days, I found it particularly challenging to draft antidilution provisions for convertible securities. (To get a sense of why that was the case, consult this article on the subject, co-authored by Michael Woronoff, a friend of the blog.) I fantasize that someday I’ll have the chance to draft antidilution provisions for a Koncision document-assembly … Read More
[Updated 16 August 2020] I saw in a discussion on the LinkedIn “Contract and Commercial Management” group a reference to “leaving the law bit to the lawyers.” That got me wondering what, when it comes to deciding the terms of a deal and expressing it in a contract, “the law bit” might consist of. By my reckoning, the law bit … Read More
Among other observations in this thoughtful comment, a reader suggested that some of my comments on the Google–Motorola merger agreement could be attributed to “stylistic matters.” He pointed out as an example my objecting to using Section, with a capital S, in cross-references. I responded as follows to that part of his comment: I’m not inclined to tag certain drafting … Read More
Here are the locations and dates for the “Drafting Clearer Contracts” seminars taking place in the first half of 2012: Vancouver, BC, February 23 Dallas, TX, March 6 (back at last!) Atlanta, GA, April 5 Chicago, IL, May 3 Denver, CO, May 17 (first time!) Morristown, NJ, June 7 The information isn’t yet up on the West LegalEdcenter and Osgoode Professional … Read More
I take the liberty of periodically reminding the world that in addition to my other activities, I do redrafting projects for companies. My most recent post on that subject is this one from last May. If such reminders are necessary, it’s because the idea doesn’t seem to occur to too many people at companies. I asked one of my in-house contacts about … Read More
Online legal-documentation vendor LegalZoom has been embroiled in a class action alleging that LegalZoom was engaged in the unauthorized practice of law by selling to Missouri consumers. A couple of weeks ago, LegalZoom and the plaintiffs agreed in principle to settle. (For more on the settlement, see this WSJ Law Blog post.) The settlement renders moot last month’s order of the … Read More
Via this post on the California Corporate & Securities Law blog, which is maintained by Keith Paul Bishop of Allen Matkins, I learned of the recent Ninth Circuit opinion in WPP Luxembourg Gamma Three Sarl v. Spot Runner, Inc. (go here for a PDF copy). This dispute involved a second amended and restated right of first refusal and co–sale agreement—what … Read More
