How the “Efforts” Contagion Spreads

A reader let me know that this New York Times article dated 13 November by Gretchen Morgenson contains the following paragraph:

Under the agreement, Sanofi would make “diligent efforts” to shepherd Lemtrada through the F.D.A. approval process and promote it as it would any drug. This set out a higher standard than Sanofi would have faced under an agreement to make only a “reasonable effort” with the drug.

Whoever told Gretchen that was either engaging in spin or is seriously misinformed. Not only does the proposed distinction not make sense, there’s also nothing in U.S. caselaw to support it.

For more on efforts, see MSCD chapter 8 as well as a bunch of blog posts; go here for one of the more recent ones.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.