Blog

My New NYJL Article—The Director's Cut!

On April 1 the New York Law Journal published my article The New Associate and the Future of Contract Drafting. Normally I’d make available to you a spiffy reprint prepared by the NYLJ, but this time I produced my own non-spiffy version. That’s because the NYLJ asked, late in the process, that I omit a section describing the notion of … Read More

Just a Few More Days …

I’ve long set March 31 as the target date for launching Koncision’s first product, but I’ll be missing it by a few days—after making some late changes to the confidentiality-agreement template in response to tester comments, I had to call in the boffins at Business Integrity to help me out. Watch this space!

“Good Enough” and Stratification of the Legal Market

The legal blogosphere has been awash in discussion of whether law firms can serve the different markets that are emerging. In this post Jordan Furlong conveniently collected links to a number of contributions to this discussion, and he provides a concise introduction: [I]n light of the huge changes in the marketplace, what will become of law firms? More specifically, given … Read More

Draft Koncision FAQs

[Updated 8:00 p.m. EDT March 28, 2011 to move the FAQ to the FAQ page [link no longer available].]

Use of Code Names in Contract Drafting

I’m currently working on Koncision’s terms of use. One point I’m making is that although the document-assembly engine will be protected by robust security measures, Koncision can’t guarantee absolute confidentiality of the information you provide when you complete a questionnaire. So if confidentiality is essential, you should use codes for party names, product names, or any other sensitive information. Now … Read More

Charlie Sheen and “Moral Turpitude”

Readers have pointed out to me that the infamous phrase moral turpitude has crawled out from under a rock into the glare of the spotlight, thanks to Charlie Sheen. In this March 7 letter to Sheen’s lawyer, Warner Bros. Television’s outside counsel, Munger, Tolles & Olson, stated that Warner Bros. Television’s termination of Sheen’s contract was based in part on … Read More

An Alternative to Indemnification Language for Confidentiality Agreements

It’s time that I tidied up one loose end. In this recent post, I proposed indemnification language to include in a confidentiality agreement in order to say who is responsible for liabilities resulting from disclosure of confidential information by representatives of the recipient. I thought that the new language would make it clear that when bringing a claim for indemnification … Read More

2011 “Drafting Clearer Contracts” Seminars: First Stop, Philadelphia

I’ll be in Philadelphia on March 10, 2011, giving the first “Drafting Clearer Contracts” seminar of 2011. (Go here for more information.) I’m looking forward to getting back on the road. I have a revised set of materials, with a nifty Koncision theme rather than the old AdamsDrafting theme. And I plan on including a Koncision demo. But to forestall … Read More

Feast Your Eyes on Koncision’s New Severability Provision

[Updated 16 September 2020: See this February 2017 post for a new version of this provision.] [Updated April 23, 2013: See this October 2012 post for a revised version of this language.] [Updated 2:30 p.m. EST, March 7, 2011: To tweak the language, as discussed in the comments.] One exciting part of working on Koncision’s confidentiality agreement is that I’ve … Read More

What's With Indonesia and Contract Drafting?

I use one of my TweetDeck columns to search Twitter for references to “contract drafting.” Out of the flotsam that’s pulled in, I’ve found one category that’s particularly intriguing. It consists of Twitter updates in Indonesian. I have no idea what’s being discussed, as just about the only words in English are “contract drafting.” Here’s one example, sent by @apriliansyah: … Read More