In the discussion with Brian Buckham that gave rise to today’s other post on indemnification, Brian also mentioned use of the triplet for, from, and against in indemnification language. So I looked into that too. As far as I can tell, for, from, and against were originally linked to indemnify, hold harmless, and defend, as in the following from EDGAR: … Read More
Another of the speakers at last week’s CLE session in Boise organized by the Idaho State Bar (see this post) was Brian Buckham, of IDACORP, Inc. and Idaho Power Company. Brian told me about a basic issue relating to indemnification language that I hadn’t thought of previously, and he was kind enough to follow up with a couple of citations. … Read More
At last Friday’s CLE session in Boise, I sat in on a lunchtime presentation by Ken Howell, of the law firm Hawley Troxell, on recent actions by the Idaho legislature that have a bearing on business. Obviously, I wasn’t in the target audience, but Ken caught my attention when he mentioned how, in connection with some tax legislation, the legislature … Read More
Greetings from Boise! I’ve spent most of the week in Idaho at the request of the Idaho State Bar. The first stop was Coeur d’Alene (the northern blue marker in the map to the left). I arrived there on Tuesday, after flying to Spokane, Washington, the renting a car and driving half an hour. That’s what passes for adventure in … Read More
In this post and this post I explain why my approach to contract language doesn’t favor clarity over avoiding risk. There’s no plausible reason for anyone to spurn A Manual of Style for Contract Drafting. Nevertheless, inertia remains. Someone who attended one of my seminars made the following point in a LinkedIn message to me: I would love to be able … Read More
A site called LawInsider.com has launched what it describes as a searchable database consisting of every contract on the SEC’s EDGAR system—over 250,000 contracts. And it’s free. You can search for contracts by categories, including contract type, law firm, state jurisdiction, and company name. The guy behind LawInsider.com is one Preston Clark, “an attorney turned businessman based in the San Francisco Bay … Read More
Three LinkedIn groups feature discussions related to contract drafting. “Contract & Commercial Management” caters primarily to contract-management professionals; you have to ask to join. I think anyone can join “Contract Drafters,” but the members I know are lawyers. “Drafting Contracts” is the newest of the three; it caters to lawyers, and you have to ask to join. (For anyone who’s … Read More
In this post on China Law Blog, Dan Harris expresses his opinion about the third edition of MSCD. An enthusiastic thumbs-up from someone like Dan? That gets my attention.
In this 2009 post I wrote about the respective roles of lawyers and contract-management personnel in the contract process. That’s what led a reader to send me the following: I am an attorney licensed to practice since 2009 and, since graduating law school have been working in a small, general practice law office as an associate attorney. My current position focuses … Read More
I received the following question from a reader: When working with a contract that (1) comes from the other side, (2) is not game for complete redrafting, and (3) is in legalese, not English, do you suggest trying to adopt the conventions you find there (if there are any), or do you think it’s clearer to write the changes in … Read More
