Spotting in Contracts the Provisions You Really Care About

Last week I asked this on Twitter: Is there a kind of term you really DON'T want to see in the other side's draft contract? Something that sets the alarm bells ringing? — Ken Adams (@AdamsDrafting) March 11, 2021 And I posed the same question in a post on the LinkedIn group for A Manual of Style for Contract … Read More

Check Out My Video Hot-Take on Jurisdiction Provisions

No, you’re not dreaming! I’ve done a video critiquing a random couple of sentences plucked from EDGAR that deal with jurisdiction stuff. Well, OK, it might not be quite that compelling. But here’s what it does have going for it: it’s clear from the data that you people would rather pluck your eyeballs from your head than watch anything longer … Read More

The Human Factor: Why Our Mapping of Contracts Won’t Always Go As Planned

Starting in 2018, when I joined LegalSifter as a consultant, I’ve helped design the specifications for our “Sifters”—algorithms intended to spot a given issue expressed in contracts. Although I’m now LegalSifter’s chief content officer and have an array of responsibilities to match, I still create sifter specs. It’s work that’s conducive to humility, for reasons I’ll now explain. This post … Read More

The Obligation Not to Disclose Versus the Obligation to Keep Confidential

I recently found myself once more poking around the entrails of confidentiality agreements. The issue related to one of the core obligations, namely the obligation not to disclose confidential information. (The other is the obligation not to use confidential information except as specified.) The rest of this post is on the LegalSifter blog, here.

My Newfound Respect for Hotel Agreements

Here’s the beginning of my new post on LegalSifter’s blog: This week I had the pleasure of visiting North Falmouth, Massachusetts. (Hence the photo.) I was there to do a “Drafting Clearer Contracts” seminar for the global contracts team of a multinational. But this post isn’t about the seminar. Instead, it’s about the fact that I couldn’t help occasionally thinking … Read More

Contract Review, Meet Contract Drafting

After almost a year working on the factory floor at LegalSifter, it has become clear to me that contract review and contract drafting are closely allied functions. … This post is on LegalSifter’s blog. To read the rest of it, go here.

An Update on LegalSifter

Last April I told you in this post that I had become an advisor to LegalSifter, the company that’s developing software to help you review the other side’s draft contracts. What do I have to announce now? Well, nothing in particular. I’m simply continuing to do my part. In addition to doing consulting work, and roaming around giving seminars, and hacking away at … Read More

ABA Journal Podcast and Article Featuring Yours Truly

As a follow-up to their 2009 article naming me one of their original batch of Legal Rebels, I’m featured in a new ABA Journal Legal Rebels podcast that focuses on my work with LegalSifter. And there’s also an article. You can find both of them here. The 2009 article about me is apparently no longer online *sob* but for yucks, … Read More