The next Drafting Clearer Contracts presentation is on 23 and 24 July 2025, from 11:00 a.m. to 2:10 p.m. Eastern Time (US). Go here for more information Why should you consider registering? Because as I explain in this 2024 blog post, you cannot be an informed consumer of contract language without consulting my book A Manual of Style for Contract … Read More
In a previous blog post (here), I offer thoughts on a law review article, Tara Chowdhury, Faith Chudkowski & Mitu Gulati, The Form Knows Best, 79 U. of Miami L. Rev. 607 (2025). The same issue of that law review contains Glenn West’s response to that article—The Form Doesn’t Know Anything: A Response to Chowdhury, Chudkowski & Gulati, 79 U. … Read More
One of my corporate partners, Thomson Reuters Asia, is contemplating something old-fashioned—having me do Drafting Clearer Contracts presentations in Hong Kong, Singapore, Jakarta, Bangkok, Manila, and Mumbai (details below). Yes—really. I offer Drafting Clearer Contracts training online, but in-person presentations can be more fun. But my contact at TR tells me that some potential participants have suggested there’s no point. … Read More
In a LinkedIn post, I challenged readers to find for me a contract that used shall be or will be in creating an autonomous definition. I wasn’t surprised that I was the only entrant in that thrilling competition. I submitted the following example: Using shall be in this context is as unhelpful as using is. That’s something I discuss in … Read More
My notion of offering an on-demand module of my Drafting Clearer Contracts training is slowly shifting from a gleam in my eye to reality. Videos and Quizzes This module will consist of 200+ short videos, some proportion of them accompanied by automated quizzes. The foundation of Drafting Clearer Contracts training is my book A Manual of Style for Contract Drafting. … Read More
Recently I encountered this law review article: Tara Chowdhury, Faith Chudkowski & Mitu Gulati, The Form Knows Best, 79 U. of Miami L. Rev. 607 (2025). In this post, I explain two quibbles. I also suggest that the reality the authors describe is better explained by copy-and-pasting, as opposed to being driven by forms. The Article In their article, Chowdhury, … Read More
The image below contains the text of an email message I received from a law student yesterday. In case it’s of interest, here’s how I responded: Hi [Name]. Fortunate is the author who gets this sort of message from a reader! Now that you’re on the road to being an informed consumer of contract language, I offer the following suggestions: … Read More
Glenn West has been pumping out articles so fast that I haven’t kept up. I’ve started looking at the backlog; if I have anything to add, I’ll do so. That’s what I’m doing now, because this post was inspired by Glenn’s article Transactional Lawyering as an Art: When Saying Less Is More Than Enough, Business Law Today (11 Feb. 2025). … Read More
If a contract usage has been around long enough and appears in enough contracts, you’ll find people to defend it, no matter how archaic or otherwise nonsensical it is. A case in point: yesterday Ryan McCarl did this LinkedIn post about the word witnesseth, calling it a “meaningless incantation.” That prompted one reader to say this (in two comments I’ve … Read More
Thanks to longtime tipster Steven Sholk, I learned of the recent opinion of the First Circuit in Dahua Technology USA, Inc. v. Feng Zhang (here). The language at issue is in the image at the top of this post, but the key component is “the Company agrees to make monthly severance payments to you in the amount of $680,000 for … Read More
