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
The ACC Docket has just published (here) my article Fixing Your Contracts: What Training in Contract Drafting Can and Can’t Do. My co-author is Chris Lemens, a longtime reader and commenter. I have no particular gloss to put on this article. If any thoughts come to mind, by all means put them in the comments.
Remember my article Bamboozled by a Comma: The Second Circuit’s Misdiagnosis of Ambiguity in American International Group, Inc. v. Bank of America Corp.? Well, it’s now in print, in The Scribes Journal of Legal Writing. Go here for a PDF. The citation would be to 16 Scribes J. Legal Writing 45 (2014–15). The article seeks to debunk a variant of the principle of interpretation known as … Read More
Ah, the marketplace of ideas! You get to set up your soapbox on any street corner and do your darnedest to plug your ideas. May the best ideas win! But even the rough-and-tumble of the marketplace of ideas has a code of conduct. For one thing, you don’t get to have your ideas prevail over the other guy’s by putting … Read More
My article Eliminating the Phrase Represents and Warrants from Contracts is now available. It’s in the latest issue of Transactions: The Tennessee Journal of Business Law. Go here for a PDF. This article shows that it’s pointless and confusing to use represents or warrants in a contract to introduce statements of fact. It recommends that instead you use states to introduce … Read More
Go here to see Top Ten Tips in Drafting and Negotiating International Contracts, co-authored by me and René Mario Scherr, Tetra Pak’s Regional General Counsel, South Asia, East Asia & Oceania. If that link doesn’t work for you, go here for a PDF. You’re welcome. I met René about seven years ago, at one of my seminars. We’ve kept in … Read More
[Updated October 14, 2014: Go here for a PDF copy. Incidentally, I haven’t yet received any feedback about this article, but I’m not surprised. I wouldn’t have expected to hear from anyone who endorses the approach reflected in English caselaw, as I think I’ve comprehensively debunked it.] The 30 September 2014 issue of the English periodical Solicitors Journal contains my article … Read More
