Month: April 2009

Latinisms in Contracts

In the current edition of New York magazine, someone agitating about Facebook’s new terms of service is quoted as saying “No Latin! I’m not sure what forum non conveniens means, and I shouldn’t have to [know].” As a general principle, No Latin! makes sense to me. I’ve found on the SEC’s EDGAR system contracts filed in the past year that contain … Read More

“In Each Case” and Disambiguation

A chapter of MSCD is devoted to syntactic ambiguity, in other words uncertainty over which part of a sentence a given word or phrase modifies. One source of syntactic ambiguity is closing modifiers. MSCD discusses how to avoid ambiguity caused by closing modifiers, but it doesn’t discuss in each case (or the wordier in each such case). That’s what I’ll … Read More

Providing for Notice by Email (Including Information About RPost)

Not satisfied with having prompted my recent foray into fax terminology, reader David Baghdassarian posted to that item the following comment on providing for notice by email: As for email notices, the problem I have is that there is too much room for an email to inadvertently be deleted or overlooked, email server to crash, email to be stuck in … Read More

A List of Contract-Automation Resources

I’ve just returned from my trip to Philadelphia to speak at the DELVACCA conference. It was great finally meeting my co-presenter, Karen Gray of Christie’s. She’s a great speaker, and I think we made an effective team. I styled myself “Mr. Theory” and Karen “Ms. Practice.” Included in our handout was a table listing the products mentioned in our presentation, … Read More