You all know how I earn a living, but it’s a sideshow to my real passion, the time my contracts buddies and I spend in an immersive contracts virtual reality. There you might find, for example, @IPDraughts playing Hadley, @AlexHamiltonRad playing Baxendale, and me playing the crucial role of “another,” Hadley’s partner. It all takes […]
“City of Contracts” Podcast with Preston Clark of LawInsider
Go here for the second in my “City of Contracts” podcasts, with Preston Clark, co-founder of LawInsider, a wildly popular contracts research database. For my first podcast, a conversation with Michael Woronoff of Proskauer, go here.
The Sixth Circuit’s Notions About How “Legally” Relates to Contracts
A reader told me about this Butler & Snow newsletter on the opinion of the Sixth Circuit Court of Appeals in Dark Horse Express, LLC v. Lancer Insurance Co., 733 F. App’x 826 (6th Cir. 2018) (PDF here). At issue is how the word legally relates to contracts. In 2014, Dark Horse contracted to transport […]
An Instance of Inconsistency in Saying that Notices Must Be in Writing
I recently had a random Edgar encounter with the following set of internal rules of interpretation: Welcome to the suck: the first, second, third, and fifth are hopeless. And dig that crazy period-and-parentheses enumeration combo. But the fourth is what caught my eye. So the notices provision says that notices must be in writing to […]
“Derogate”
Remember my post about abrogate? Well, now we have the second in my 46-post –gate series, derogate! (I’m joking—I hadn’t planned to explore two –gate words in quick succession. But as we’ll see, the two words are linked.) Derogate has two meanings. When used as a transitive verb (in other words, if it makes sense […]
The Delaware Chancery Court Cites Yours Truly
The Delaware Chancery Court recently issued Vice Chancellor Laster’s opinion in Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL (Del. Ch. 1 Oct. 2018) (PDF here). You can find plenty of information about this case elsewhere, including in this item on Reuters. It will take some time to unpack what this opinion means for contract […]
Revisiting “For Clarity” and “For the Avoidance of Doubt”
Last week I noticed this item on the website of the Licensing Executives Society (U.S.A. and Canada). Entitled Clarifying Provisions Avoid Ambiguity in Patent License Agreement, it discusses contract provisions at issue in the opinion of the Delaware U.S. District Court in TQ Delta, LLC v. Adtran, Inc. (PDF here). (The court subsequently reconsidered its opinion, but not in […]
Feedback from My Recent Boston “Drafting Clearer Contracts” Seminar
It’s been a while since I put online any feedback from one of my “Drafting Clearer Contracts” seminars. That’s due to a practical complacency. The seminar world is a ruthless one: if you don’t cut it, you’re gone. If I’ve had the privilege of doing, oh, around 250 seminars worldwide over the past dozen years, […]
Save the Date: 2019 U.S. “Drafting Clearer Contracts” Seminars
Drawing on all Thomson Reuters’ big-data and artificial-intelligence resources (not really), we’ve decided on these cities and these dates (each of them falling on a Thursday) for my 2019 public “Drafting Clearer Contracts” seminars in the United States: Nashville, TN, 14 March Hoboken, NJ, 4 April Chicago, IL, 2 May Boston, MA, 19 September Seattle, […]
I Embrace the Nerdiness So You Don’t Have To
I might have sent a misleading signal with my recent post about the subjunctive mood in contracts (here). I’m not suggesting that you all need to start worrying about the subjunctive, in addition to everything else. It’s simply an issue that crossed my mind, so I spent a few minutes thinking about it and doing […]
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