A recent Texas case, XTO Energy, Inc. v. Smith Production, Inc., 2009 WL 442003, No. 14-07-00069-CV (Tex. App. Hous., Feb. 24, 2009), shows why it’s a good idea to be excruciatingly comprehensive when specifying in a contract the procedures to be followed when the parties make important decisions. Appellee Smith was an operator under two joint operating agreements (JOAs) governing … Read More
The current issue of the Canadian periodical The Lawyers Weekly contains an article entitled “Plain Language Movement Gaining Steam.” It’s a useful introduction, although regular readers of this blog won’t be surprised by what it has to say. And it quotes some contract-drafting guy … Incidentally, I explained in this November 2006 post why I refer to “standard English” rather … Read More
Recently I’ve enjoyed reading some thoughtful posts offering different takes on the working life in law—how to make it more meaningful, or at least how to survive. In particular, I’m thinking of Vickie Pynchon’s posts tracking how she picked herself up and dusted herself off after being laid off in 1992; click here for the first in the series. And … Read More
In MSCD 3.57, I use the term “frontloading” for the process of pulling select information out of the body of the contract and placing it at the top of the contract. In MSCD 3.63 I acknowledge that instead of frontloading information, you could put it in a schedule. Some contracts—including one I’m reviewing at the moment—are aggressive about that, in … Read More
The New York Law Journal has published, in its “GC New York” section, my article entitled “Retooling Your Contract Process for the Downturn.” Click here to go to a nifty PDF reprint and click here to go to the online version (free registration required). I suspect you’ll find that a hard copy of the reprint is easier to read than … Read More
I’ve learned that Twitter can serve as an early-warning system. Thanks to a Twitter update by Lance Goddard—he of the blog Are You Writing This Down—I learned that Jay Shepherd had posted on his blog The Client Revolution this item recommending that you run a mile from shall. I took the liberty of posting this comment on Jay’s blog saying … Read More
On Wednesday, February 25, I’ll be in Houston, cooling my heels between seminars. If you’re in the Houston area and you’d like to meet with me to discuss what I do and whether I might be able to assist your organization, don’t hesitate to contact me.
Reader Doug asked me about the difference, if any, between in accordance with and according to. Garner’s Modern American Usage says that according to means (1) “depending on”; (2) “as explained or reported by (a person)”; or (3) “in accordance with.” It’s used relatively often in contracts to convey the last of these meanings, as in “Any dispute must be … Read More
Reader Kazu brought to my attention the following language from the recently enacted Lilly Ledbetter Fair Pay Act (emphasis added): For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation … Read More
I’m at Tremblant, the Quebec ski resort, at the invitation of the Canadian Healthcare Licensing Association. I just finished giving a short version of my “Language and Layout” seminar to sixty business-development people from Canadian pharmaceuticals companies. The participants included some lawyers, but for the most part this was a group of businesspeople. And although about a third of those … Read More
