I’m Now ContractExpress’s Chief Content Advisor
This post is on Contract-Automation Clearinghouse. Go here. Contract-Automation Clearinghouse is where I now put my posts on contract automation and related topics.
I’m Now Blogging at “Contract-Automation Clearinghouse” Too
Starting today, I’ll put my blog posts about contract automation and related stuff on a new blog called Contract-Automation Clearinghouse. It’s hosted by Business Integrity, developer of ContractExpress software. Posting on that blog is part of my expanded relationship with Business Integrity; for more information, see today’s posts on that blog. Whenever I post something on Contract-Automation Clearinghouse, I’ll include a link on this blog, … Read More
Save the Date: November “Drafting Clearer Contracts” Seminars in London, Abu Dhabi, Seoul, Tokyo, and Singapore
In addition to my remaining 2014 “Drafting Clearer Contracts” seminars in the U.S. and Canada (here), I have an action-packed November lined up. I’ll be doing the following overseas seminars: London, 3 November: This will be my first public seminar in England. It will be hosted by University College London; my thanks to Mark Anderson for introducing me to UCL. Given my … Read More
“Of the Essence” (Without “Time Is”)
Long ago I examined the phrase time is of the essence and found it wanting. MSCD has the definitive account, but there’s also this 2009 blog post. But at a recent seminar, someone reminded me that the phrase of the essence is used not only in time is of the essence. That’s something that MSCD 13.687–88 refers to: A fixture of contract language is the … Read More
My June 26 IACCM Webinar on Document Assembly
On June 26, starting at 11:00 a.m. EDT, I’ll be doing an “Ask the Expert” webinar for IACCM (International Association for Contract & Commercial Management) entitled “Optimal Contract Language and State-of-the-Art Document Assembly: A Match Made in Contract-Process Heaven.” My co-presenter will be my longtime sounding-board Tim Allen, vice-president–North America of Business Integrity, developer of ContractExpress, the leading document-assembly software. … Read More
“Anyone” (File Under “Corporations Are People!”)
Anyone, anyone? The online periodical Business Law Today will soon unleash on an unsuspecting world an article I co-authored. It includes the following snippet of contract language: “anyone commences an involuntary case against the Company …” Does anyone apply only to individuals? Or does it also apply to entities? In other words, we’re in effect faced with the question raised in the political … Read More
“The Music Man” and the Traditional Approach to Training in Contract Drafting
In the Broadway musical “The Music Man,” “Professor” Harold Hill poses as a boys’ band organizer and leader. He sells band instruments and uniforms to naive Iowa townsfolk, promising to train the members of a new band. But Harold is a no musician, and he plans to skip town once the instruments and uniforms are paid for. Instead of giving music lessons, … Read More
Don’t Use Initial Capitals When Referring to Parts of a Statute
Those who consult MSCD will be familiar with the notion that it’s unnecessary and distracting to use initial capitals (“nitcaps,” to those in the know) when referring to the parts of a contracts. In other words, in cross-references the words section, exhibit, and schedule (among others) should be all lowercase. It follows that one should also use all lowercase letters … Read More
Connecticut Case Features “The Expectation of Relevance”
Thanks to Dan Schwartz (aka @danielschwartz), I learned of this Connecticut case. It involves an employment agreement between a town and one if its employees. The language at issue included the following: Based upon the annual performance evaluation, and at the [m]ayor’s sole discretion and recommendation, the base salary may be increased on July 1 of each fiscal year, subject … Read More
A “Notwithstanding” Sideshow
MSCD explains as follows how using the word notwithstanding in a contract can create problems: For one thing, notwithstanding operates remotely on the provisions it trumps; readers could accept at face value a given contract provision, unaware that it is undercut by a notwithstanding contained in a different provision. Furthermore, although a notwithstanding clause that refers to a particular section … Read More