In the recent opinion of the Delaware U.S. District Court in Racing v. T-Mobile U.S. (here), the following contract language was at issue: VICI grants to [T-Mobile] the right to be the exclusive wireless carrier supplying wireless connectivity for the Porsche, Audi, and VW telematics programs beginning in model year 2011 with such exclusivity continuing throughout the Term of this … Read More
Although it’s standard to refer to contract “rights,” in this November 2012 post on rethinking the “no assignment” provision, I said the following about “rights”: It’s unclear what “rights” refers to. (I don’t use the word “rights” anywhere in MSCD.) I think it refers to discretion granted to a party under an agreement and any remedy that a party has under … Read More
The third edition of A Manual of Style for Contract Drafting is now on sale, and the ABA is unleashing on the world an email campaign to that effect. The book is still technically in “pre-order” status, but copies will be in inventory next week (the week of February 11). Go to this page of the ABA Web Store to … Read More
The January 2013 issue of Asian Legal Business contains my micro-article Asia: Different Contracts, Different Cultures. It discusses the mixture of “cultures” of contract drafting in Asia. Go here for a PDF copy. This article represents the first time I’ve acted as a pseudojournalist, quoting some sources, including friends of the blog Mark Anderson and Andrew Godwin. Cunningly placed under … Read More
Bryan Keenan, director of the Wilmington, Delaware, law firm of Gordon, Fournaris & Mammarella, let me know about an instance of syntactic ambiguity addressed by the Delaware Court of Chancery in the recent case In re Mobilactive Media, LLC (here). (Syntactic ambiguity involves uncertainty over which part of a sentence a given phrase modifies or which part of a phrase a given … Read More
It’s Wednesday, January 30. This afternoon I’ll be at LegalTech, in New York, hanging out with the ContractExpress team, at booth 324/6. But I won’t be on the prowl for technology relating to contract drafting and the contract process, because we already have great technology. Document-assembly software that does everything you could want? Check. Software to monitor every step in the … Read More
Yesterday Law360 published this article by reporter Liz Hoffman about the contract language at the root of the brawl between financiers Carl Icahn and Bill Ackman. It quotes yours truly. (Subscription required, but you can get a free trial.) You can find the contract language at issue in this Business Insider article by Linette Lopez; this 2011 New York Times story … Read More
I periodically moan about how inertia has rendered most of corporate America either complacent about suboptimal contract templates or incapable of doing anything about them. See for example this March 2012 post, and this article discussing a major source of inertia, the urge for autonomy. I’m inclined to think that a company won’t overhaul its templates unless someone higher up … Read More
The page of the ABA Web Store for the third edition of A Manual of Style for Contract Drafting (here) has just added links to PDFs of the table of contents, the preface, and the introduction. They’ll give you a good sense of the book. In particular, the preface has a short chapter-by-chapter breakdown of what has changed.
In this post on recent developments in legal publishing, Ron Friedmann posits that knowledge management is evolving “from content to tools to true productivity.” He offers the following analysis: For much of the 1990s, legal professionals did not even use the “KM word”. Instead, we talked about work product retrieval and precedents. That continued into the new century until we … Read More
