Month: August 2014

Where’s Ken?, Fall 2014 Edition

With the summer lull about to end, I’m planning my fall travels. I’ve listed below the trips I currently have planned. If a given trip is for a public seminar, I’ve provided a link. When I’m not on the road, I’ll be in the New York area. If you’d like to arrange an in-house presentation, discuss your organization’s templates or contract … Read More

Termination for Breach: What Standard to Use?

It’s commonplace for contracts to provide that a party may terminate for “material breach” by the other party. I’m not keen on that standard: as longtime readers will know, material is not only vague, it’s also ambiguous—drafters use material to mean either “of dealbreaker-level importance” or just “significant” (in other words, “nontrivial”). (If I’m using defined terms, I’d use the defined term Significant … Read More