Month: October 2014

From Litigator to Deal Lawyer: Q&A with Eric Hutchins of Oracle

In my seminars, I’ve encountered people who started out as litigators, then shifted to working with contracts. That caused me to wonder what that transition involves. Eric Hutchins, corporate counsel with the Cloud Legal Team at Oracle, is one such seminar participant. He was kind enough to have this exchange with me about his transition. If you’ve made such a … Read More

Glenn West’s New Article on Fraud Carve-Outs in Acquisition Agreements

Longtime readers of this blog will be familiar with Glenn West. His articles on extra-contractual liability (here), consequential damages (here), and “no recourse against others” provisions (here) are all essential reading for anyone serious about understanding those topics. Well, break out the champagne, because Glenn has a new article out. This time it’s on fraud carve-outs in acquisition agreements; go … Read More

My New Article in Korean

The Korean periodical the Legal Times has published the first part of my article English-Language Contracts: Reducing the Clutter and Confusion (go here). [Update: Go here for the second part.] What’s novel about this article is that it’s in Korean. It had to be, if I wanted it published in a Korean legal periodical. My thanks to Jacki Noh for the translation. … Read More

“Faithfully” (Including How to Express an Employee’s Key Obligation in an Employment Agreement)

A reader who identified himself as “a faithful reader from Northern Virginia” asked me about use of the word faithfully in contracts—yet another usage that had somehow escaped my scrutiny. In trawling for faithfully on the SEC’s EDGAR system, I saw that it’s used primarily in provisions stating an employee’s principal obligation under an employment agreement: Executive shall devote her best … Read More