Process

The UK Is Designing Government Contracts for the Digital Age

My post on contracting by the US states (here) prompted @CherylStephens to inform me on Twitter of this post from a couple of days ago on the UK government blog Digital Marketplace. It’s by Jason Waterman from the Crown Commercial Service and Warren Smith from Government Digital Service, and it’s entitled Working together to design government contracts for the digital age. It’s … Read More

State Contracting Needs Help

I noted with interest this article on problems with Virginia’s contracting  system. I’ll take the liberty of quoting most of it: Virginia’s $6 billion-a-year contracting system has serious flaws — including multi-million dollar contracts managed by untrained staff and contracts that are prepared without legal review, according to a new state report issued Monday. The General Assembly’s watchdog agency, the Joint … Read More

Reducing the Burden of Contracts Through Risk Management

Business Law Today contains an article entitled Data, Contracts, and Making Hard Decisions—Changing the Way We Manage Risk. It’s by Jamie May, associate general counsel at University Hospitals in Cleveland, Ohio. I had the pleasure of meeting Jamie a few years ago, when he wore a different hat, and I’ve corresponded with him sporadically. Here’s the first paragraph of Jamie’s article: Contracts … Read More

Automated Contract Creation: One Size Does Not Necessarily Fit All

Although I’m committed to helping anyone who’s interested become an informed consumer of contract language, I think it’s self-evident that automated contract creation is the most effective way to scale rigorous contract language. That’s why I continue to discuss automation with my clients. Some of you might recall that my software of choice is ContractExpress. That remains the case even though … Read More

Using “Simplified Legal English” for Contracts?

Two people I enjoy following on Twitter are Kyle Mitchell (@kemitchell) and Ansel Halliburton (@anseljh). They’re half my age and twice my technical sophistication, they’re interested in contracts, and they throw around ideas that largely go over my head but certainly seem ambitious. Here’s Ansel’s latest idea: Updated some *very early* thoughts about what Simplified Legal English could look like. Comments? … Read More

Copy-and-Paste Glitches, Virtual-Reality Edition! (When Parties and Pronouns Don’t Match)

Today, my mole buried deep in the U.S. District Court for the Northern District of California—oh all right, it was @VBalasubramani—told me about Total Recall Techs. v. Luckey, No. C 15-02281 WHA, 2016 WL 199796 (N.D. Cal. Jan. 16, 2016) (PDF here). It involves a dispute between plaintiff Total Recall Technologies (a general partnership of Thomas Seidl and Ron Igra) and defendant Palmer … Read More

Contract-Drafting Dysfunction, Meet Cooking Dysfunction

I consult the cooking website Serious Eats quite often; I find it reliable, interesting, and innovative. The presiding genius is Kenji López-Alt, aka @TheFoodLab. He has a new book out, unsurprisingly also called The Food Lab; go here for the website. In true Christmas spirit, I purchased a copy for myself. I’ve only just started looking at it, but already something has … Read More

Do Clients Edit Contracts Drafted by Outside Counsel?

Last week I saw the following tweet: What Role Do In-House Counsel Have in Editing Briefs? via @ACCinhouse https://t.co/slJcNyvAAt — LexisNexis Legal (@LexisNexisLegal) November 6, 2015 Here’s my tweet in response: Same for contracts? https://t.co/NnaV96IbpH — Ken Adams (@AdamsDrafting) November 7, 2015 I’ll now answer my own question. In that ACC article, the author describes having a role in editing litigation … Read More

Contract-Drafting Dysfunction, Meet Medical Dysfunction

Over the weekend I listened to this episode of the radio show Freakonomics, “How Many Doctors Does It Take to Start a Healthcare Revolution?” My ears pricked up when I heard Jeffrey Brenner, who is a physician and the executive director of the Camden Coalition of Healthcare Providers, say the following: What I think many people would be shocked to find out … Read More