Hot on the heels of last month’s post about a case involving notwithstanding (here) comes another one, courtesy of Peter Mahler, in the form of this post on his New York Business Divorce blog. By my reckoning, two notwithstanding cases within a month of each other constitutes a bonanza. What makes the case Peter discusses particularly noteworthy is that it … Read More
I’m now in Singapore, gearing up for tomorrow’s seminar. For those who might find it of interest, here’s how my time in Seoul went. Wednesday, 13 November Having arrived the night before, I spent most of the day hanging out in the Renaissance Seoul hotel and its immediate environs (Gangnam). As usual, I wasn’t interested in being a tourist—unless an … Read More
Cousin Joshua Stein sent me a copy of an article in the May/June 2012 issue of Probate & Property. It’s by Mark A. Senn, and it’s entitled Writing Good, Legal Sense and More or Less. (Go here for a PDF copy.) As you can tell from the title, it’s a little offbeat, but it contains a couple of tidbits that … Read More
Today I glanced at this Littler newsletter, which discusses a case involving a dispute over forum selection. But what caught my eye wasn’t the dispute itself. It was the language at issue: This Agreement is subject to the provisions of the Labor Law No. (58) for the year 1970 Gregorian and its amendments and the law on Social Solidarity No. … Read More
Recently I tentatively agreed to give a public “Drafting Clearer Contracts” seminar in Indonesia next year. But I’m not sure that would make sense currently, given that a Jakarta court has just held that all contracts entered into with an Indonesian public or private entity after 9 July 2009 that are not in Bahasa Indonesia (the Indonesian language) will be … Read More
Jane K. Winn, professor at the University of Washington School of Law, recently asked me the following question: I’m trying to create an exercise for my first-year contracts class that would teach the students how to draft a good “Battle of the Forms” UCC § 2-207 term to block application of the counterparty’s boilerplate. The “Battle of the Forms” problem … Read More
On 22–24 January 2014, I’ll be in London, at a forum entitled “Advanced Contract Risk Management for the Utility and Power Generation Industry.” (For more information, go here.) In particular, on 24 January I’ll be presenting a half-day workshop entitled “Effective Contract Language, Efficient Contract Process.” I’m looking forward to it. The roster of speakers looks interesting, and companies around the world will … Read More
Now hear this! Below are cities and dates for my public 2014 “Drafting Clearer Contracts” seminars in the U.S. for West LegalEdcenter. You’ll be able to register starting early December, once West puts the information online. We might add another city or two. Meanwhile, save the date! Dallas, TX (March 27, 2014) Atlanta, GA (April 3, 2014) Chicago, IL (May … Read More
In this post I quote Tim Hadley’s email to me regarding how the other side to a transaction responded to his MSCD-inspired drafting. An interesting additional aspect to Tim’s interaction with counsel representing the buyer was the cover note he added to the draft. Go here to see a PDF copy. Tim was prompted to add his cover note by … Read More
For purposes of implementing clearer contract language and a more efficient contract process, change at the level of the organization allows change to happen more quickly. But given that inertia holds sway at most organizations, I suspect that change is mostly being implemented by individuals, whether operating on their own or within organizations. Last week I encountered an example of … Read More
