Ken Adams

Use of “Related To” in an Arbitration Provision

Steven Sholk told me about a recent court order of the District Court for the Northern District of California in the litigation known as In re TFT-LCD (Flat Panel) Antitrust Litigation. (Go here for a PDF copy of the court order.) In this litigation, Nokia filed suit against numerous U.S. and other defendants for violations of state and federal antitrust … Read More

“Interest Due or to Become Due”

A reader alerted me to the First Circuit Court of Appeal’s recent opinion in In re Bank of New England Corporation. (Go here for a PDF copy.) At issue was whether the junior debt was subordinate to post-petition interest accrued on the senior debt. The answer to that question hinged on a reference to “interest due or to be come due” in … Read More

If You Don’t Maintain Your Template Contracts, They’re Doomed to Fail

A law firm’s or law department’s template initiative might fail for any number of reasons: It doesn’t reflect state-of-the-art substance. It uses the dysfunctional language of mainstream contract drafting. It uses Word rather than document-assembly technology. The incentives are sufficiently skewed that no one wants to work on it. Not enough people want to use it. And so on. But … Read More

No-Soliciting Provisions in a LinkedIn World

[Updated 7:30 a.m. EDT, July 6, 2011: I added the proposed contract language at the end.] I’ve come to value Venkat Balasubramani’s posts on Eric Goldman’s Technology & Marketing Law Blog. They’re a useful source of leads regarding novel contract-drafting issues. A case in point: this post by Venkat regarding the recent opinion of the Indiana Court of Appeals in Enhanced … Read More

Thomson Reuters Acquires Australian Online Document Company

Today it was announced that Thomson Reuters has acquired the Australian online document company Cleardocs. (Go here for the ABA Journal’s brief article about the deal.) Using some form of document assembly, Cleardocs allows users to create, among other things, company documents, employment agreements, and trust documents. After noting that there should be a moratorium on document companies with “docs” … Read More

Yours Truly Quoted in ABA Journal Article on Practice Support Lawyers

The current issue of the ABA Journal contains this article on practice support lawyers. It cites my views on PSLs and quotes this blog post. If you’ve read my blog post and the blog post by Ian Nelson that it refers to, this article won’t tell you anything particularly new, but I thought it worth noting.

More About Garbage-In, Garbage-Out

The most recent post on Kingsley Martin’s Contract Analysis and Contract Standards blog is entitled “Garbage-in, Quality-out.” Here’s the conceptual underpinning: I believe there is much to be learned from all sources of information. If there are any gems in the collection, then there is the possibility that “good” material can be identified. Indeed, we are all exposed to an … Read More

Two Contract-Language Lessons from the Skype Mess

The blogosphere has been full of stories about former Skype employees missing out on all or part of a payday when Skype’s acquisition by Microsoft closes. It’s a rather complex story that I won’t attempt to recount in full. (A good place to start your reading about it would be Sarah Lacy’s account on TechCrunch.) The angle that caught my … Read More

Joan Heminway Reviews “The Structure of M&A Contracts”

In this post on the Conglomerate blog, Joan Heminway, professor at the University of Tennessee College of Law, offers a brief—and positive—assessment of The Structure of M&A Contracts. She does so after noting a dearth of texts that could be used to teach basic M&A concepts, and she says that my book “may well serve as a component piece of … Read More