Yesterday I learned of an opinion—hot off the presses—of the Missouri Court of Appeals, Eastern District, Division One, by Judge Kelly C. Broniec. The case is Pelopidas, LLC v. Keller, No. ED 109395, 2021 WL 3501988 (Mo. Ct. App. 10 Aug. 2021) (PDF here). This opinion concerns Keller’s appeal of a lower court decision interpreting the following sentence from a … Read More
When I joined LegalSifter as chief content officer after having been on my own for fifteen years, I entered a process-driven world. I’m now part of a production line that combines technology and expertise to create software and advice. There’s lots to keep track of, so we’d be lost without our databases. This post is on LegalSifter’s blog. To read … Read More
Thank you to the readers who told me about Omni MedSci v. Apple (Fed. Cir. 2 Aug. 2021) (PDF here). They heard about it from this post on Patently-O. And in this post on IP Draughts, Mark Anderson expresses interest in having me comment on this case. Who am I to disappoint Mark? I’ll leave you to read those posts … Read More
I’m used to thinking of redundancy (actual or potential) as occurring at the level of parts of speech. For example, in doublets or triplets of adjectives (null and void). Or verbs (indemnify and hold harmless). But I’m becoming more attuned to redundancy of entire provisions. (By provision, I mean a complete utterance, whether a sentence or part of a sentence.) … Read More
oneNDA is a new initiative that “set out on a mission to standardise the NDA so that lawyers can spend less time on them and more time on more valuable work.” For more about oneNDA, go here. This week they released their “simple, plain English, open-source NDA,” also called, somewhat confusingly, oneNDA. My verdict is that it’s mediocre and doesn’t … Read More
Wearing my LegalSifter hat, today I researched how contracts refer to inspection of goods. In doing so, I encountered the following in this Yara purchase order (selected at random): All Goods may be inspected by the Purchaser within a reasonable time after delivery to the location required by the Purchaser. If on inspection, any Goods are found to be unsatisfactory, … Read More
Excuse me if I quote my own tweet: Let's start using number of words, instead of number of pages, to say how long a contract is. Reading 1,500 words won't go any faster because it's on 3 pages instead of 4. In fact, it might take longer, if you use gimmicks like shrinking the font to fit it on one … Read More
Today I was tagged in the following tweet: Think the objection is primarily an aesthetic one. Can't resist tagging @AdamsDrafting in on this. — Levins Solicitors (@LevinsLaw) July 23, 2021 I’m always happy to join in a discussion when someone asks my opinion. (Hi, @LevinsLaw!) But I was reminded how online, everything old—whether it’s and/or, or for the avoidance of … Read More
In this recent article and this recent blog post, I argue that nothing prevents nonlawyers from handling deals and wrangling contract language—that what matters is competence, not which hat you wear. But to assess realistically the prospects of nonlawyers in the world of contracts, you have to recognize two factors that favor lawyers. Law School as a Credential First, lawyers … Read More
I’ve long used anonymous testimonials, with the thought that attaching someone’s name to a testimonial is meaningless unless it’s a name that many would recognize. But with my redesigned website, that has changed. Now testimonials are linked to the person’s LinkedIn or Twitter profile and features their profile photo. I think that makes testimonials much more meaningful. I’ve now completed … Read More
