I spotted an oddity in section 1(a) of the contract providing for Jeff Bezos’s purchase of the Washington Post. Observe where the defined-term parenthetical is positioned (italics added): To the extent not already owned by the Post Subsidiaries, the Transactions shall include the transfer to the Purchaser or the Post Subsidiaries of any other assets primarily related to the Post Business (other than … Read More
A tidbit to come out this week’s panel discussion at Notre Dame Law School (see this post) was, courtesy of Glenn West, a citation to a poignant Florida case, Espresso Disposition Corp. 1 v. Santana Sales & Mktg. Grp., Inc., 105 So. 3d 592 (Fla. Dist. Ct. App. 2013) (PDF here). This post is on Contract-Automation Clearinghouse. To see the … Read More
I made it a point to have outside lawyers play a part in my course at Notre Dame Law School. I don’t know from pedagogy, so not a lot of forethought went into that decision. I simply figured that I should try to give my students a glimpse of the role of contract drafting in the larger world, rather than just the … Read More
This post by Mark Anderson last week used the title I had planned on using for a post of my own. Rather than launch a denial-of-service attack on IP Draughts, or send the boys round to see Mark, I decided to embrace the coincidence. Read our respective posts for deep insight into our creative processes. Or not. Next up, Mark … Read More
As one of their assignments, students taking my course at Notre Dame Law School drafted an employment agreement. Necessarily, I prepared one too. I based it on something I had drafted a few years ago, for a redrafting project at another school. My version used the defined term the Executive, as that was the defined term used in the contract that formed the basis … Read More
Don’t worry, this isn’t a discussion about where to put the apostrophe in attorneys’ fees. (But, yes, it goes after the s, to avoid getting into fights over whether it covers fees of just one attorney.) Instead, my beef is with the word attorney. Recently I saw the following in this “Gentleman Scholar” column: What’s the difference between a lawyer … Read More
As one of their assignments, last week my students at Notre Dame Law School analyzed the verb structures in the “SOW terms & conditions agreement” that goes with Cisco’s advanced services statement of work (here). Obviously, I had to perform an analysis of my own. One thing that caught my eye was use of nor shall in the following: The receiving party shall at all times … Read More
Greetings from South Bend, Indiana! I’m in the middle of teaching an “intensive” three-week course on contract drafting at Notre Dame Law School. Given that we’re cramming one semester’s worth of work into the course, for me it’s living up to its name, even with a small group of students—I feel like I’ll need a vacation when I’m done. As for … Read More
Here’s a list of where and when in 2015 I’ll be doing public “Drafting Clearer Contracts” seminars in the U.S. for West LegalEdcenter: February 20, San Francisco, CA (information here, but clicking once takes you to the wrong page; click “Back” then click on the link again to go to the right page) March 19, Houston, TX April 2, Nashville, TN … Read More
In previous years, I’ve occasionally moaned on this blog about how I wasn’t getting as many drafting projects as I thought I should. Well, I’m doing more of everything these days, and that includes drafting projects. In case anyone’s interested, let me tell you about a representative project that I worked on this month. I was contacted by the general counsel … Read More
