April 27, 2009 The Conspicuousness Requirement of Texas’s “Express Negligence” Rule

I spent this morning in Toronto conducting a seminar at Rogers Communications, the Canadian communications company. David Miller, the general counsel of Rogers Communications, mentioned a requirement under Texas law that certain indemnification language be conspicuous. I’ve long been vaguely aware of that, so after the seminar I chased down further information. The gist of [...]

January 14, 2009 When Cultures Clash in Contract Drafting

David Miller is general counsel of Rogers Communications, the Canadian communications company. I met him in 2007 when, shortly after helping them out in the Canadian comma dispute, I was invited to give a day-long seminar at Rogers. That seminar contributed to my love affair with Canada, as David attended the entire seminar. From start [...]

August 20, 2007 Rogers Victory in the Comma Case

Today the Canadian Radio-television and Telecommunications Commission released a decision in the famous “comma case.” Click here for a copy of the decision. (You may recall that I acted as expert for Rogers Communications Inc. in this dispute; click here for my most recent post on this dispute.) This time the Commission sided with Rogers. [...]

June 4, 2007 Contract Language and Layout—Ten Dos and Don’ts

Given that I’ve been blogging for a year, I thought I’d take the opportunity to pull together in this post, in the form of “dos” and “don’ts,” some components of my online presence. The coverage is necessarily patchy, but it’s safe to say that in the past year I’ve been able to write about the [...]

May 23, 2007 Reflections on a Year of Blogging

I posted my first blog item a year ago yesterday, so I thought that a bit of navel contemplation was in order. In this item on the theme of “Niche Thyself,” Kevin O’Keefe of Real Lawyers Have Blogs recently quoted with approval the notion that an entrepreneur aims to create something that is of high [...]

December 29, 2006 The Globe and Mail Revisits the Comma Dispute

If you can’t get enough of the contract dispute between Rogers Communications Inc. and Aliant Inc.—the one about the comma—you should check out this article in today’s Globe and Mail. (And see here and here for my previous posts on the subject.) This article notes that the dispute has “ignited an international debate over the [...]

October 25, 2006 An Update on the Rogers and Aliant “Comma” Dispute

In August I posted this item about the dispute between Rogers Communications Inc. and Aliant Inc. (now Bell Aliant Regional Communications) regarding the role of a comma in a contract provision. I know that this dispute has received a lot of attention, but I was nevertheless surprised to see an article about it in today’s [...]

August 7, 2006 Costly Drafting Errors, Part 1—Rogers Communications and Aliant

I have a particular interest in the real-world implications of indifferent drafting, so I’ve been contemplating doing an occasional series on drafting screw-ups that make the news. I was prompted to inaugurate this series by Bryan Sims, who was kind enough to point out to me this article from today’s issue of the Canadian newspaper [...]