Blog

I’m Now an Advisor to LegalSifter

You recall that recent post about LawGeex’s AI-versus-humans study (here)? In that post I mention LegalSifter, another company that uses technology to make review of the other side’s drafts quicker and more effective. Well, soon after that post, Kevin Miller, LegalSifter’s chief executive officer, invited me to join LegalSifter as an advisor. I happily accepted. Go here for LegalSifter’s news release. It … Read More

A Reader Says Thanks

Sporadically I hear from readers who simply want to thank me for my work. I know people read my stuff, but it’s gratifying when someone takes the time to let me know that they’ve found it worthwhile. Because it’s a particularly nice example of this sort of communication, here’s an email I received yesterday: EMAIL MESSAGE THIS EMAIL is written … Read More

Swiss Law Firms and My Seminars

In a couple of weeks I’ll be in Geneva for my intime public “Drafting Clearer Contracts” seminars. For more information, go here. My wife and I lived in Geneva for three years in the 1990s, my daughter was born there, and my brother lives there, so I always enjoy visiting Geneva. I’ve given perhaps a dozen seminars in Geneva to … Read More

Pandering to Traditionalists

I’ve been doing public and in-house “Drafting Clearer Contracts” seminars for, oh, 14 years now. That’s because people find them worthwhile and, shockingly enough, somewhat entertaining. Otherwise, I would have gotten the hook long ago. So the feedback is positive, but occasionally participants suggest I adjust my approach. For example, here’s what a participant at my recent New York seminar … Read More

The Stormy Daniels Contract Is a Dumpster Fire

I looked at the Stormy Daniels confidentiality agreement, the one intended to keep under wraps her fling with Trump—excuse me, her alleged fling. I figured it would have been remiss of me not to look at it. (It’s exhibit 1 to her complaint, here. If you’re not familiar with her and the saga of this confidentiality agreement, go here for … Read More

My Updated Preempt-the-Traditionalists Cover Note: Get Your Retaliation in First

MSCD guidelines mostly fly under the radar. Apart from a couple of notorious recommendations—I’m talking about you, this agreement with a small a and states instead of represents and warrants—the guidelines don’t attract attention to themselves. But sometimes traditionalists gonna traditional, so you might get a draft back with all sorts of unhelpful traditionalist comments. As I note in this … Read More

Alternative Defined Terms + “And/Or” = !?!

Behold the following, all culled from EDGAR and all featuring and/or used between alternative defined terms: … and EdgeWave, Inc., a Delaware corporation (“Employer” and/or “Company”) … THIS DEED OF TRUST, ASSIGNMENT OF RENTS, ASSIGNMENT OF LEASES, SECURITY AGREEMENT AND FIXTURE FILING (this “Deed of Trust” and/or “Trust Deed”) … … Michael J. Friedman (hereinafter the “Executive” and/or “Employee”) … Now, … Read More

The Case of the Elusive “Inclusion Rider”

During the Academy Awards show last Sunday, the “Best Actress” winner Frances McDormand unleashed on the world the phrase “inclusion rider.” That prompted a tsunami of chatter on the subject, including this by the Washington Post and this by Vanity Fair. But I was interested in the rider itself, not explanations. So I asked around, and I asked on Twitter, but … Read More