Ken Adams

What Was This Drafter Trying to Say?

In the wee hours I saw this post on LinkedIn by Olly Buxton, in which he says, “This from someone who has obtained a professional qualification dedicated to the clear, logical and precise use of the English Language.” By “This,” Olly is referring to the text in the following image: This sentence is, um, deeply problematic on several levels. Although … Read More

Fighting Over “Diner” and “Similar”

In this post at ContractsProf Blog, Stacey Lantagne writes about Northglenn Gunther Toody’s, LLC v. HQ8-10410-10450 MELODY LANE, LLC, No. 16-CV-2427-WJM-KLM, 2018 WL 1762611, at *2 (D. Colo. Apr. 12, 2018) (PDF here). Here’s my take on this dispute. The Opinion The plaintiff operated Gunther Toody’s, a 1950s-style restaurant in a mall. According to the court, the lease “prohibits the … Read More

Does Facebook’s User Agreement “Suck”?

Behold the following video clip of U.S. Senator John Neely Kennedy giving Mark Zuckerberg of Facebook a piece of his mind: https://www.youtube.com/watch?v=bBevsgSn65A More specifically, he says, “Your user agreement sucks. … I’m going to suggest to you that you go back home and rewrite it. And tell your $1,200-an-hour lawyers—no disrespect, they’re good—but tell them you want it written in … Read More

Join Me for the LegalSifter Breakfast at the CLOC Institute

From 22 April to 25 April I’ll be in Las Vegas. No, I won’t be desultorily pulling at the handle of a slot machine. Instead, I’ll be with the LegalSifter team at the 2018 CLOC Institute. CLOC stands for Corporate Legal Operations Consortium. I’ve not attended a CLOC event, but I’m looking forward to it: I expect that legal-operations personnel … Read More

Don’t Consider Terms of Art Out of Context

Today I received the following email from a reader: I have been reading your post from July 2012 (Revisiting “Indemnify”).” There seems to be an important distinction between “indemnify” and “hold-harmless” that seems to be getting overlooked (or I missed something in my brief reading). According to Black’s Law Dictionary “hold-harmless” means “to absolve (another party) from any responsibility for … Read More

I’m Now an Advisor to LegalSifter

You recall that recent post about LawGeex’s AI-versus-humans study (here)? In that post I mention LegalSifter, another company that uses technology to make review of the other side’s drafts quicker and more effective. Well, soon after that post, Kevin Miller, LegalSifter’s chief executive officer, invited me to join LegalSifter as an advisor. I happily accepted. Go here for LegalSifter’s news release. It … Read More

A Reader Says Thanks

Sporadically I hear from readers who simply want to thank me for my work. I know people read my stuff, but it’s gratifying when someone takes the time to let me know that they’ve found it worthwhile. Because it’s a particularly nice example of this sort of communication, here’s an email I received yesterday: EMAIL MESSAGE THIS EMAIL is written … Read More

Swiss Law Firms and My Seminars

In a couple of weeks I’ll be in Geneva for my intime public “Drafting Clearer Contracts” seminars. For more information, go here. My wife and I lived in Geneva for three years in the 1990s, my daughter was born there, and my brother lives there, so I always enjoy visiting Geneva. I’ve given perhaps a dozen seminars in Geneva to … Read More

Pandering to Traditionalists

I’ve been doing public and in-house “Drafting Clearer Contracts” seminars for, oh, 14 years now. That’s because people find them worthwhile and, shockingly enough, somewhat entertaining. Otherwise, I would have gotten the hook long ago. So the feedback is positive, but occasionally participants suggest I adjust my approach. For example, here’s what a participant at my recent New York seminar … Read More