The other day I permitted myself the following japery on Twitter: Contemplating new "efforts" standard: premium effortssuperior effortsValhalla effortsgalactic effortsKal-El effortsEfforts McTryHard — Ken Adams (@AdamsDrafting) April 2, 2016 But that led me to search for efforts standards on steroids. Searches for the likes of major efforts uncovered nothing, unsurprisingly, but I got plenty of hits on EDGAR for one formulation—extraordinary … Read More
I’ve long been aware of the challenges of translating contracts. Heck, back in 2004 I wrote one of my first articles, this one, on that subject. And in 2014 I did this webcast with eCPD Webinars. Last year Ruth Gámez and Fernando Cuñado came to my attention. They have an active online presence, with their website and their presence on Twitter (username @traduccionjurid). … Read More
It’s time for that ever-popular game, Pick the Category of Contract Language! Bob, please tell our viewers what the choices are! Acme shall make all decisions relating to commercializing Licensed Products. [By using language of obligation, this expresses, appropriately, the idea that Widgetco wouldn’t want Acme to ignore what’s required to commercialize products. But it doesn’t express that Acme will be in … Read More
Apparently there’s no I in team. And there’s no objective and subjective in use and interpretation of efforts provisions. When I ask seminar participants to tell me the difference between best efforts and reasonable efforts, it’s routine for someone to suggest that the former represents an objective standard and the latter a subjective standard, or vice versa. That question is in … Read More
