Ken Adams

Questionable Drafting in a Generative-AI Redline

I’ve written previously about conceptual shortcomings in relying on generative artificial intelligence to mark changes in the other side’s draft, commonly known as “redlining” (see this blog post and this blog post). Now, let’s look at a more basic problem: erratic drafting choices. This post is about one example of that. Recently the contract-lifecycle-management vendor Agiloft released (to quote this … Read More

You Cannot Be an Informed Consumer of Contract Language Without Consulting “A Manual of Style for Contract Drafting”

I’ve been saying this for a while, as an aside in various writings, but I might as well shout it from the rooftops: You cannot be an informed consumer (or producer) of contract language without consulting A Manual of Style for Contract Drafting. That’s because MSCD is the only work that offers a comprehensive set of guidelines for the building … Read More

What Paul Stregevsky Said About What I Do

I know people find what I do worthwhile. Some individuals and organizations buy copies of MSCD. Others pay for the training I provide. And sporadically, people make a point of saying they find MSCD valuable, find my training worthwhile; I pass some of that feedback along to you all. That’s all to the good, but there’s no need to make … Read More

Perhaps the First and Last Generative-AI Image I Publish

A week ago I created, for the first time, an illustration using generative AI—more specifically, Dall-E. It’s the illustration accompanying this post. Yes, it’s of an unhappy robot. In a spaceship. Sitting on a toilet. It’s puerile, but in my defense, I did it on a whim. ¯\_(ツ)_/¯ Dall-E is amazing, but I expect that this is the last time … Read More

One Contract, A Lot of “Efforts” Inconsistency

I plucked from the SEC’s EDGAR system, largely at random, an asset purchase agreement filed earlier this month. It was drafted by a big law firm, and it contained, along with the usual dysfunction, some glitches that caught my eye. In particular, here are the different efforts (and endeavours) provisions it uses: I’m used to this sort of efforts mish-mash. … Read More

Becoming an Informed Consumer of Contract Language: It’s Challenging

I’m doing a private series of Drafting Clearer Contracts: Masterclass for a group from a global company. We’re three-quarters of the way through, so last week I checked in with my contact at the company to see how they were faring. Here’s what he said in his email back: I solicited input from a couple of folks, in particular those … Read More

“Drafting Clearer Contracts” Training for 2024

I’ve scheduled Drafting Clearer Contracts training for the first half of 2024. I’m doing the following public series of Drafting Clearer Contracts: Masterclass (eight weekly hourlong sessions, supplemented by reading and quizzes): Masterclass (37) was scheduled at the request of a client who wanted their Singapore personnel to participate in Masterclass, but it’s open to all. Someone in California has … Read More

On Being Cited

Last week readers told me I was cited by the Delaware Court of Chancery in MALT Family Trust v. 777 Partners LLC. The topic wasn’t anything too exciting—the meaning of notwithstanding. A little more notable was the U.S. Solicitor General citing me a couple of months ago in their brief in Pulsifer v. U.S. (here). I was aware of the … Read More

The State of the Blog

You might have heard that I have a new blog, the Adams Contracts blog. It’s on the website of a new business, called … Adams Contracts. It’s a division of LegalSifter; we’re building automated contract templates. For more about Adams Contracts, go to our website, at www.adamscontracts.com. So, two blogs, and two spheres of activity. Here’s how I see this … Read More

The Syntactic Ambiguity Lurking in the Name of a Flavor of Ben & Jerry’s Ice Cream

You know you’re suitably paranoid about the potential for confusion in contract language if you spot instances of that sort of confusion in your everyday life. Yesterday I was in urgent need of ice-cream therapy, so I got me a pint of the Ben & Jerry’s flavor (previously unknown to me) called “Salted Caramel Brownie.” Here’s the fine-print description: Vanilla … Read More