New to the third edition of MSCD is a discussion of what I call “antecedent ambiguity.” This recent post on “except as provided below” falls within that category. So does this December 2011 post, this May 2011 post, and this 2011 IP Draughts post. Well, I have another example for you, thanks to the recent Seventh Circuit Court of Appeals … Read More
I’m on my way home from Sydney, after my tour of Asia and Australia. So far, I’ve managed only one “Notes from the Road” post, about my seminar in Sinpapore (here). So here’s a collection of stray thoughts regarding the rest of my trip. *** Some participants at my Kuala Lumpur seminar came from far afield. Papua New Guinea. Vanuatu. … Read More
My thoughts are turning to my April “Drafting Clearer Contracts” seminars in Geneva, Hamburg, and Copenhagen. There’s still time to sign up. For more information, go here; to register, go here. Each participant is given, at no extra charge, a copy of the third edition of A Manual of Style for Contract Drafting. Why would you want to attend? To … Read More
To be filed under “There but for the grace of God go I”: Via @Deadline, I came upon this story in the Hollywood Reporter. Here’s the opening paragraph: A California appeals court has affirmed Paramount’s win in a legal dispute with a Morgan Stanley-backed film-finance entity that alleged it was forced to pick up some of the tab when one of … Read More
While rooting around on EDGAR, I spotted a kind of provision that uses the phrase “one year and a day.” Here are three examples: Each of Folio and PMI hereby covenants and agrees that it will not institute against, or join or assist any other Person in instituting against, PFL any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding or other … Read More
WordRake describes itself as “The first legal editing software for lawyers.” Here’s how it works: Compose in Word, hit the “RAKE” button, and in seconds, WordRake editing software for attorneys suggests edits for a more powerful statement. You’ll instantly see that WordRake law office software saves time and money, and gives you the confidence your brief, contract, or memorandum is … Read More
Remember this? Well, how about this: https://twitter.com/c_r_evans/statuses/310527249940094977
In the dispute addressed in the recent opinion of the Second Circuit in In re Lehman Bros. Holdings (here), the following contract language was at issue: Nothing in this Agreement shall create or be deemed to create any third party beneficiary rights in any Person or entity not a party to this Agreement except as provided below. One of the litigants … Read More
If you want a video title that will send the masses rushing to the exits, you couldn’t get much better than “A Day in the Life of a Lawyer: Drafting a Contract.” That’s the title of an 18-minute video on YouTube; I’ve embedded it for your edification. It’s one of three videos forming part of “A Day in the Life … Read More
In his recent column in the ABA Journal entitled Why Lawyers Can’t Write, Bryan Garner describes how lawyers generally think they’re great writers yet are in fact depressingly inept. No news there. But what caught my eye was Garner’s suggestion that this delusion “is significantly higher among transactional lawyers than it is among litigators.” He goes on: Transactional lawyers have … Read More
