Here’s a list of articles written by Ken Adams:
- Interpreting and Drafting Efforts Provisions: From Reason to Unreason, 74 Business Lawyer 677 (2019)
- Putting an End to Endeavours Nonsense, The Lawyer, 11 October 2017
- When Contracts Seek to Preempt Judicial Discretion, Judicature, Fall 2017 (with Vice Chancellor Laster of the Delaware Court of Chancery)
- Know Your Enemy: Sources of Uncertain Meaning in Contracts, Michigan Bar Journal, Oct. 2016
- Litigating the Meaning of Contract Language? Consider Retaining an Expert (Part II), Legal Solutions Blog, 6 June 2016
- Litigating the Meaning of Contract Language? Consider Retaining an Expert (Part I), Legal Solutions Blog, 31 May 2016
- The Problem with Contract Drafting and What Young Lawyers Can Do About It, The Lawyer, 8 Mar. 2016
- Granting Language in Patent License Agreements: An Analysis of Usages, Landslide (ABA Section of Intellectual Property Law), Jan./Feb. 2016
- Reconsidering the Recital of Consideration, New York Law Journal, 9 Dec 2015
- Adams v Anderson on Contract Drafting, Law Society Gazette, 30 Nov. 2015 (with Mark Anderson)
- The Phrase Represents and Warrants Is Pointless and Confusing, Business Law Today, Oct. 2015
- Fixing Your Contracts: What Training in Contract Drafting Can and Can’t Do, ACC Docket, 22 Sept. 2015 (with Chris Lemens)
- Inures to the Benefit and Trademark Licensing, 105 Trademark Reporter 944 (2015)
- Bamboozled by a Comma: The Second Circuit’s Misdiagnosis of Ambiguity in American International Group, Inc. v. Bank of America Corp., 16 The Scribes Journal of Legal Writing 45 (2014–15)
- Eliminating the Phrase Represents and Warrants from Contracts, 16 Tennessee Journal of Business Law 203 (2015)
- Top Ten Tips in Drafting and Negotiating International Contracts, Association of Corporate Counsel “Top Ten” Legal Resources, April 21, 2015 (with René Mario Scherr)
- English-Language Contracts: Reducing the Clutter and Confusion, Part Two (in Korean), Korean Legal Times (Oct. 12, 2014)
- English-Language Contracts: Reducing the Clutter and Confusion, Part One (in Korean), Korean Legal Times (Oct. 3, 2014)
- Beyond Words, Solicitors Journal, 30 Sept. 2014 (about best endeavours and its variants under English law)
- Banishing Shall from Business Contracts: Throwing the Baby Out with the Bathwater, The Australian Corporate Lawyer (Sept. 2014)
- Termination-on-Bankruptcy Provisions: Some Proposed Language, Business Law Today (June 2014)
- With “Efforts” Provisions, Reasonable Is Better Than Best, The Lawyers Weekly (May 16, 2014)
- Dysfunction in Contract Drafting: The Causes and a Cure, 15 Tennessee Journal of Business Law 317 (2014).
- It’s Time to Get Rid of the “Successors and Assigns” Provision, The Advocate, June/July 2013.
- Asia: Different Contracts, Different Cultures, Asian Legal Business, January 2013.
- The Illusion of Quality in Contract Drafting, New York Law Journal, July 17, 2012 (with Tim Allen).
- Making a Mess of Ambiguity: Lessons from the Third Circuit’s Opinion in Meyer v. CUNA Mutual Insurance Society, Business Law Today, Nov. 20, 2011.
- Whittling Away at Duty of Good Faith, The Recorder, June 28, 2011.
- The New Associate and the Future of Contract Drafting, New York Law Journal, Apr. 1, 2011.
- The AAA Standard Arbitration Clause: Room for Improvement, New York Law Journal, Mar 9, 2010.
- Retooling Your Contract Process for the Downturn, New York Law Journal, Feb. 19, 2009.
- Dysfunctional Drafting, National Law Journal, Sept. 8, 2008.
- Merger Pacts: Contract Drafting, Cerberus Litigation, New York Law Journal, Feb. 19, 2008.
- Transitioning Your Contract Process from the Artistic to the Industrial, ACC Docket, Dec. 2007 (with Brian Quinn).
- Making Sense of “Shall,” New York Law Journal, Oct. 18, 2007.
- What Does “Material” Mean?, Deal Lawyers, Sept.–Oct. 2007 (is the third article in the issue).
- Behind the Scenes of the Comma Dispute, Globe and Mail, Aug. 28, 2007.
- Revisiting Materiality, New York Law Journal, Aug. 16, 2007.
- “Wordsmithing,” New York Law Journal, June 21, 2007.
- Sending Contracts Offshore, New York Law Journal, Apr. 19, 2007.
- Wiki, Anyone?, New York Law Journal, Feb. 15, 2007 (on using wikis in the contract-drafting process).
- Revisiting the Ambiguity of “And” and “Or” in Legal Drafting, 80 St. John’s Law Review 1167 (2006) (with Alan S. Kaye) (superseded by what’s in A Manual of Style for Contract Drafting).
- How to Avoid Contractual Train Wrecks, National Law Journal, Nov. 6, 2006 (on addressing pre-closing knowledge of inaccurate representations).
- Copyright and the Contract Drafter, New York Law Journal, Aug. 23, 2006.
- Understanding “Material Adverse Change” Provisions, M&A Lawyer, June 2006. (See also this blog post.)
- Teaching Contract Drafting: The Two Elephants in the Room, 14 Perspectives: Teaching Legal Research and Writing 92 (2006).
- Can Lawyers Be Trained in Contract Drafting?, The Lawyers Weekly, Mar. 17, 2006.
- Debunking Urban Legends, New York Law Journal, Dec. 2, 2005.
- A Lesson in Contract Drafting: What’s Up with “Representations and Warranties”?, Business Law Today, Nov.–Dec. 2005. (See also this blog post.)
- A Legal-Usage Analysis of “Material Adverse Change” Provisions, 10 Fordham Journal of Corporate & Financial Law 9 (2004). (See also this blog post.)
- Translating English Language Contracts, Bulletin of the Institute of Translation & Interpreting, Sept.–Oct. 2004.
- Understanding “Best Efforts” and Its Variants, Practical Lawyer, Aug. 2004.
- Drafting a New Day: Who Needs that Recital of Consideration?, Business Law Today, Mar.–Apr. 2003.
- Drafting a Contract, New York Law Journal, Sept. 27, 2002.
- Legal Usage in Drafting Corporate Resolutions, Practical Lawyer, Sept. 2002.
- The New New Rules of Drafting (Part One), Michigan Bar Journal, July 2002.
- The New New Rules of Drafting (Part Two), Michigan Bar Journal, Aug. 2002.
- Drafting Matters, New York Law Journal, July 5, 2002.