Blog

I Sold My Soul to Delta Airlines. Here’s What I Got in Return

I cast my lot with Delta Airlines in 2007. I much preferred their livery to that of American Airlines—we sometimes make for the slightest of reasons what turn out to be nontrivial decisions. A couple of years ago I became a Delta Million Miler. And in 2020 I’ll add another year to my streak of being a Diamond Medallion member—the … Read More

Notes from the Road: Seoul 2019

Warning! This post is for seminar aficionados only. It contains minimal cultural insight and nothing on contract drafting. Instead, this post celebrates my 14 November 2019 “Drafting Clearer Contracts” seminar in Seoul. Out of the hundreds of seminars I’ve done over the past 14 years, it was the spiffiest. How so? For one thing, it was held at the Grand … Read More

Save the Dates: 2020 “Drafting Clearer Contracts” Seminars in Chicago, Boston, New York, and San Francisco

This is where I’ll be doing public “Drafting Clearer Contracts” seminars in the United States in 2020: Chicago, March 12, 2020 Boston, May 7, 2020 New York, September 24, 2020 San Francisco, Dec 3, 2020 I’ll put registration information up once it’s available. Four locations is the fewest since, well, forever. I’m disappointed that Texas is again missing, and Seattle … Read More

My Free Webinar for LawInsider on “Contract Review Strategies and Best Practices” (Now With a Link to the Recording)

At noon Eastern time on Monday, 9 December 2019, I’m doing a free webinar for Law Insider on “Contract Review Strategies and Best Practices.” Everyone is welcome. Go here to register. We’ll be discussing what’s involved in reviewing contracts to avoid confusion and to make sure the deal addresses your interests. As part of that, we’ll consider how automation in … Read More

A Dual Verb Structure: “Shall Not Be Entitled To and Shall Not X”

[Updated 8 Dec. 2021: Ignore this post! I got it wrong! I misunderstood the function of not be entitled to. It would make sense to delete this post, but instead I’ll keep it here as a monument to my frailty. Or something.] Let’s talk dual verb structures. I’ve written about them previously. For example, see this 2007 post about be … Read More

Using “Is” as a Definitional Verb? Please Gawd No Stop

  Here are two autonomous definitions: “Salvage” is cargo which has been damaged, alleged to be damaged, refused or undeliverable that has been sold, disposed of or turned over to a competent salvage agent for selling after proper On–Hand notice has been given. “Confidential Information” is any information that … Both use is as the definitional verb. That’s unorthodox. That’s … Read More

Exploring the Standard of Care in Services Agreements

Regular readers will know that I’m an advisor to LegalSifter, the artificial-intelligence-plus-expertise company that helps with review of the other side’s draft. In that capacity, I help decide what issues to look for, and I figure out how those issues are expressed in contracts. In doing that work, I get to explore systematically all sorts of topics. Recently, one such … Read More

Some Serious Comma Confusion Out of Florida

[Updated 1 March 2020: On 4 February 2020 the insurer filed its brief. Go here for a copy. Here’s what they said about this post: With the law and rules of grammar against them, the insureds scour the Internet in search of support for their efforts to transform a stylistic choice into an ambiguity. The insureds settle on a blogger—one … Read More

Item on Above the Law Discusses My Work

Check out this item on the blog Above the Law. It’s by Olga Mack, and it discusses my work. It won’t come as news to regular readers, but it summarizes what’s on my mind at the moment.

Should We Use the Section Mark in Contracts?

While poking through the wreckage of Bryan Garner’s new book on contract drafting (see my review here), I found only one idea worth considering further, namely his recommendation regarding use of the section mark (§). Here’s what he says: We’re after efficient communication and error prevention. Thirty-three percent is slower, more cumbersome, and more prone to error than 33%. And … Read More