Odds and Ends

The First Rule of Traditional Contract Drafting Club

Behold my five-thousandth tweet: The first rule of Traditional Contract Drafting Club is: Notwithstanding anything in this Agreement to the contrary, the parties hereto ackn — Ken Adams (@AdamsDrafting) June 2, 2016 If I say so myself, I think it’s pretty funny.

I’m Speaking at the 2016 Clio Cloud Conference (Includes a Discount)

I’m pleased that I’ll be one of the speakers at the 2016 Clio Cloud Conference, which is being held in Chicago on 19 and 20 September. Clio is a leading cloud-based law-practice-management software. I don’t need that kind of software, so I have no first-hand experience with Clio. But I’m familiar with Clio’s general reputation, and I know that Clio’s conferences generate … Read More

Translating English-Language Contracts: A Q&A with Ruth Gamez and Fernando Cuñado

I’ve long been aware of the challenges of translating contracts. Heck, back in 2004 I wrote one of my first articles, this one, on that subject. And in 2014 I did this webcast with eCPD Webinars. Last year Ruth Gámez and Fernando Cuñado came to my attention. They have an active online presence, with their website and their presence on Twitter (username @traduccionjurid). … Read More

The G-Word

In my post on no-reliance language (here), I link to this blog post by Glenn West. In it, Glenn doesn’t mess about. He mentions me right off the bat. And he drops the G-bomb. That’s right—guru. It’s a label that has stuck with me, probably thanks to this 2007 article in the Canadian periodical The Lawyers Weekly. I’m OK with … Read More

Contracts As a Vehicle for Irreverence

Today I saw the following tweet: Amazon Web Services terms and conditions now include a zombie clause. pic.twitter.com/7D6gAKeDLu /cc @NeilDavidson — Software Tools (@softwareverify) February 9, 2016 This reminded me of an experiment in London in which the terms of use of a WiFi hotspot promised free WiFi but only if “the recipient agreed to assign their first born child to … Read More

A Random Instance of Confusing Contract Language

While trawling through caselaw, I encountered Gingras v. Avery, 90 Conn. App. 585, 591, 878 A.2d 404, 408 (2005). It involved a fight over the following: The closing shall take place on or before sixty (60) days after subdivision approval; but in no event later than March 15, 2003. The developers of the property in question didn’t obtain subdivision approval but … Read More

How Not to Learn About Contracts

Today I saw the following tweet: If you want to be a deals lawyer, read at least one new contract every day of your 2d and 3d years of law school. 1,000 before passing bar. — Kyle E. Mitchell (@kemitchell) December 12, 2015 @kemitchell is one of the good guys, so I don’t think he’ll mind if I take issue with … Read More

You’re Not a Specialist

Yes, I can see that you’re vehemently opposed to a recommendation I’ve made on a topic of interest to you. And yes, I know that you’ve been doing deals for twenty years. The problem is, for twenty years you’ve been relying on conventional wisdom. For twenty years, you’ve been paying the price for the lack of anything resembling coherent commentary … Read More

EDGAR and Me

In mentioning in the immediately preceding post (here) the U.S. Securities and Exchange Commission’s EDGAR system, where public companies are required to file their “material” contracts, I remembered the following email I recently received from longtime reader Patrick Grant: I get such a kick out of your descriptions of the EDGAR system I thought it would be fun to collect … Read More