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Caption Contest: Contract Drafting and Anger Management

Welcome to The Koncise Drafter’s first-ever caption contest! I thought it high time that I let my readers indulge their sense of humor (or snark)—I invite you to submit in the comments your proposed caption to the following photograph. Allow me to take the first crack, off the top of my head: “Cleary Gottlieb associate responsible for drafting the Google–Motorola … Read More

How Your Lawyer Can Help You Create a Koncision NDA

As I announced in this blog post, we’re now accepting nonlawyers as Koncision customers. But if you’re not a lawyer and you suspect that you’d benefit from a lawyer’s input while completing the questionnaire for our confidentiality-agreement template, here’s how that could be arranged: You could ask your lawyer to complete the questionnaire and generate the output document, for a … Read More

Some Thoughts on Koncision’s Value for Money

I think of relative value as being a function of cost in relation to benefit. Koncision isn’t giving away the confidentiality-agreement template. To some, that might make Koncision all too conventional an offering. But consider the cost-benefit relationship. Koncision would allow you to quickly create a confidentiality agreement with state-of-the-art substance and unmatched clarity. Furthermore, it would be tailored to … Read More

Announcing Koncision 2.0—The Changes We Made, and Why We Made Them

We’ve made several changes to Koncision. They’re significant enough that we’re describing them, collectively, as “Koncision 2.0”: Anyone may now use Koncision—not just lawyers. We’ve added a new subscription option: for $500, you may use our confidentiality-agreement template for purposes of copying language to update your own Word templates. (We’ve also increased to $100 from $50 the cost of subscribing … Read More

“By” Versus “On Behalf Of”

In a comment to this post, reader Westmorlandia offered the following: I usually prefer “on behalf of” when talking about execution, as otherwise some lawyer will try to argue that a contract signed through agency (almost always the case with companies) was not signed “by” the company. So, the question is, would there be any benefit to saying “signed on … Read More

Using My New Qomo QIT30 to Annotate PowerPoint Presentations

For a couple of years I used my Wacom Graphire Wireless tablet to annotate PowerPoint slides during my seminars. (I wrote about it in this 2009 post on the AdamsDrafting blog.) It doesn’t have a screen—instead, it has a flat surface on which I wrote with a pen-like stylus, with my scribbles appearing on the projected image of my laptop … Read More

What Provisions Do You Find Particularly Complex to Draft?

I recall that in my BigLaw days, I found it particularly challenging to draft antidilution provisions for convertible securities. (To get a sense of why that was the case, consult this article on the subject, co-authored by Michael Woronoff, a friend of the blog.) I fantasize that someday I’ll have the chance to draft antidilution provisions for a Koncision document-assembly … Read More

What in Contract Drafting Is a Matter of “Style”?

Among other observations in this thoughtful comment, a reader suggested that some of my comments on the Google–Motorola merger agreement could be attributed to “stylistic matters.” He pointed out as an example my objecting to using Section, with a capital S, in cross-references. I responded as follows to that part of his comment: I’m not inclined to tag certain drafting … Read More

Save the Date: “Drafting Clearer Contracts” Seminars for First Half 2012

Here are the locations and dates for the “Drafting Clearer Contracts” seminars taking place in the first half of 2012: Vancouver, BC, February 23 Dallas, TX, March 6 (back at last!) Atlanta, GA, April 5 Chicago, IL, May 3 Denver, CO, May 17 (first time!) Morristown, NJ, June 7 The information isn’t yet up on the West LegalEdcenter and Osgoode Professional … Read More

Something to Consider Before Having a Law Firm Redraft Your Templates

I take the liberty of periodically reminding the world that in addition to my other activities, I do redrafting projects for companies. My most recent post on that subject is this one from last May. If such reminders are necessary, it’s because the idea doesn’t seem to occur to too many people at companies. I asked one of my in-house contacts about … Read More