The fall issue of the magazine Judicature contains my article with Vice Chancellor Laster of the Delaware Court of Chancery, entitled When Contracts Seek to Preempt Judicial Discretion. Go here for a PDF copy. I leave it to others to judge the content, but I think this article gets high marks for originality in terms of the topic alone: I’ve … Read More
Be warned, regular readers: you won’t find anything new in my latest LinkedIn article, entitled The Three Things You Need for Optimal Contract Creation (here). But there’s something to be said for revisiting the same topics again and again. At least I hope so, since that’s what much of my writing consists of!
The Michigan Bar Journal has just published its “plain language” issue. It includes my article Know Your Enemy: Sources of Uncertain Meaning in Contracts. It’s essentially an updated and expanded version of chapter 7 of A Manual of Style for Contract Drafting, and it offers an overview of ambiguity, vagueness, and the other sources of uncertain meaning. You can find it here. Check … Read More
In a spirit of adventure, I published on Thomson Reuters’ Legal Solutions Blog my article Litigating the Meaning of Contract Language? Consider Retaining an Expert. It’s not a long article, but they did it in two parts. Go here for part I; go here for part II. My thanks to Pam Chestek for bringing to my attention the case I … Read More
You can now find on the English website “The Lawyer” my squib The problem with contract drafting and what young lawyers can do about it. It speaks for itself. (Free registration required.) I’ve been vocal over the past couple of years in suggesting that the English legal profession has bollixed important aspects of contract interpretation. So far, that has elicited some sputtering … Read More
The January/February 2016 issue of Landslide, the magazine of the ABA Section of Intellectual Property Law, contains my article Granting Language in Patent License Agreements: An Analysis of Usages. I recommend the PDF version, here, but there’s also the online version, here. (The PDF provided by Landslide was unsatisfactory, so the PDF is based on my manuscript. The only difference is … Read More
The New York Law Journal has just published my article Reconsidering the Recital of Consideration. You won’t be surprised to hear that after reconsidering it, I remain of the view that recitals of consideration should be terminated with extreme prejudice. Go here for a PDF version; go here for the online version, although at some point it might end up behind a … Read More
The Law Society Gazette—a publication of the Law Society of England and Wales—has published my conversation with Mark Anderson, aka @IPDraughts. No, wait—Mark’s conversation with me. Whatever. It’s called Adams v Anderson on contract drafting; go here for a PDF and go here for the posh online version of the entire issue of the magazine (it’s on pages 20 and 21). … Read More
The July–August 2015 issue of The Trademark Reporter contains my article, uh, commentary entitled Inures to the Benefit and Trademark Licensing. (Yeah, the no-italics part is a little awkward when the title is part of a sentence.) Now that a decent interlude has passed ,I can make it available to you, dear reader. Go here for a PDF copy. As I say in … Read More
The current issue of Business Law Today, published by the ABA Section of Business Law, contains my article The Phrase Represents and Warrants Is Pointless and Confusing (here). How’s that for a direct title? This article is a boiled-down version of my recent article in the Tennessee Journal of Business Law (here). I omitted discussion of English law, use of only … Read More
