Be on the lookout for the redundant only in language of obligation. Consider this: The Tenant may move furniture, fixtures, and equipment into and out of the Premises [only] during nonbusiness hours unless Landlord gives approval otherwise. [Prompted by D.C.’s comment I moved only, but that’s unrelated to the topic of this post.] Omitting only […]
I Sold My Soul to Delta Airlines. Here’s What I Got in Return
I cast my lot with Delta Airlines in 2007. I much preferred their livery to that of American Airlines—we sometimes make for the slightest of reasons what turn out to be nontrivial decisions. A couple of years ago I became a Delta Million Miler. And in 2020 I’ll add another year to my streak of […]
Notes from the Road: Seoul 2019
Warning! This post is for seminar aficionados only. It contains minimal cultural insight and nothing on contract drafting. Instead, this post celebrates my 14 November 2019 “Drafting Clearer Contracts” seminar in Seoul. Out of the hundreds of seminars I’ve done over the past 14 years, it was the spiffiest. How so? For one thing, it […]
Save the Dates: 2020 “Drafting Clearer Contracts” Seminars in Chicago, Boston, New York, and San Francisco
This is where I’ll be doing public “Drafting Clearer Contracts” seminars in the United States in 2020: Chicago, March 12, 2020 Boston, May 7, 2020 New York, September 24, 2020 San Francisco, Dec 3, 2020 I’ll put registration information up once it’s available. Four locations is the fewest since, well, forever. I’m disappointed that Texas […]
My Free Webinar for LawInsider on “Contract Review Strategies and Best Practices” (Now With a Link to the Recording)
At noon Eastern time on Monday, 9 December 2019, I’m doing a free webinar for Law Insider on “Contract Review Strategies and Best Practices.” Everyone is welcome. Go here to register. We’ll be discussing what’s involved in reviewing contracts to avoid confusion and to make sure the deal addresses your interests. As part of that, […]
A Dual Verb Structure: “Shall Not Be Entitled To and Shall Not X”
Let’s talk dual verb structures. I’ve written about them previously. For example, see this 2007 post about be and hereby is, which I dubbed “the lamest usage.” That post is about corporate resolutions, but be and hereby is also occurs in contracts: … any such Certificateholder’s claim against any other assets shall be, and hereby […]
Using “Is” as a Definitional Verb? Please Gawd No Stop
Here are two autonomous definitions: “Salvage” is cargo which has been damaged, alleged to be damaged, refused or undeliverable that has been sold, disposed of or turned over to a competent salvage agent for selling after proper On–Hand notice has been given. “Confidential Information” is any information that … Both use is as the […]
Exploring the Standard of Care in Services Agreements
Regular readers will know that I’m an advisor to LegalSifter, the artificial-intelligence-plus-expertise company that helps with review of the other side’s draft. In that capacity, I help decide what issues to look for, and I figure out how those issues are expressed in contracts. In doing that work, I get to explore systematically all sorts […]
Some Serious Comma Confusion Out of Florida
[Updated 14 January 2020: On 16 December 2019, the organizers of the event filed, as appellants, an initial brief with the United States Court of Appeals for the Second Circuit. They cited this blog post extensively. I’m not surprised. Go here for a copy of their brief.] People don’t understand commas. And that includes judges. […]
Item on Above the Law Discusses My Work
Check out this item on the blog Above the Law. It’s by Olga Mack, and it discusses my work. It won’t come as news to regular readers, but it summarizes what’s on my mind at the moment.