Blog

Seeking Video Testimonials

Plenty of you appreciate what I do. I know that because I hear from you. And plenty of you have given me written testimonials; for example, go here, here, here, and here. But I’d like to help foster more of a sense of community—yes, a community of contract-language nerds, but still a community—by having you share your impressions in a more, uh, intimate form. … Read More

What Does “Drafting Clearer Contracts: Masterclass” Cover?

With this blog post, yesterday I launched my new online course, Drafting Clearer Contracts: Masterclass. Now let me tell you more about what the course covers. The course outline provides an overview of what’s required to prepare for each session and what we discuss in each session. For more detail, click on “Register Now” on the home page (or click … Read More

“Drafting Clearer Contracts: Masterclass” Is Now Open for Business!

I’m pleased to announce that you can now register for my new online course, Drafting Clearer Contracts: Masterclass. The Course This course is built around eight live hour-long sessions held once a week and supplemented by reading, quizzes, and short assignments. Go here for the course outline. The goal is to help you say clearly whatever you want to say … Read More

Notes from the Road: Nigeria (Virtually)

In this post from late last year, I said I didn’t think I would ever travel as much as I did in 2019. But when I wrote it, I of course didn’t expect things to fall off a cliff they way they have. I’ve travelled only once this year, in March, for a seminar in Chicago. It had a last-helicopter-from-Saigon … Read More

More Throat-Clearing Madness!

The pandemic has aggravated my tendency to lurk on EDGAR, the U.S. Securities and Exchange Commission’s database where public companies file their “material” contracts. Now I dream up the weirdest things I can think of, then I look for them on EDGAR. “Throat-clearing” is when a redundant verb structure is tacked on to the front of a provision. Who can … Read More

Contract Creation Is the Stepchild of the Contracts Process

The legal profession has a love-hate relationship with technology. On the one hand, lawyers are, uh, challenged when it comes to using basic technology. And technology vendors tend to grouse that selling to lawyers is a hassle. On the other hand, the legal profession is prone to spasms of enthusiasm over technology. It periodically throws money at some new technology, … Read More

“As Between the Parties”? No Thanks

Yesterday someone mentioned to me the phrase as between the parties. I hadn’t ever looked at that phrase before, so off to EDGAR I went: If any of the provisions of this Amendment are inconsistent with or in conflict with any of the provisions of the Principal Agreement then, to the extent of any such inconsistency or conflict, the provisions … Read More

“City of Contracts” Podcast on Solos and Contracts

Go here for the latest episode of the City of Contracts podcast, in which I speak with with Amy Grubb, Caroline J. Fox, and Erin Austin about “Solos and Contracts.” It was a great conversation; my thanks to them for taking part.

Artificial Intelligence, Contracts, and Expertise: Join My 25 June Conversation with Kevin Miller, LegalSifter’s CEO

If you’re a regular reader, you’ll know that for more than two years I’ve been an advisor to LegalSifter, the artificial-intelligence company that helps you review draft contracts. It’s been a rewarding experience, working to infuse the product with expertise. And it has allowed me to explore contract language in ever greater detail. Furthermore, working with a team has been … Read More

Deranged Definition-Section Enumeration

It’s worse than pointless to enumerate the elements in a definition section: it clutters up the works. The elements are in alphabetical order. That by itself is enough of an organizational framework. Nevertheless, some people enumerate the elements in a definition section. The normal way would be to have the first element be, say, section 14.1 of article 14. But … Read More