We’ve overhauled the page where you can subscribe for free, for one year, to Koncision’s confidentiality-agreement template. It’s at www.contractexpress.com/KoncisionNDA. While you’re there, check out my new 80-second video on what makes the template the most compelling way, by far, to create a confidentiality agreement.
I recently received from a reader the following email bringing to my attention shall refrain: Have you ever seen or written about a negative covenant written as “shall refrain from” instead of “shall not”? I see it today in an NDA from another party. It gives me some heartburn that the other party is obligated just to “refrain from” disclosing … Read More
Something that slipped through the cracks during my trip is Tim Cummins’s interview with me on his Commitment Matters blog; go here. Nothing I say in the interview will come as news to regular readers of this blog. But if anything is worth saying once, it’s worth saying 279 times …
I’ve thought it clear enough why companies don’t clean up their template contracts: Those who make the decisions are unaware of the problem. Or they’re aware of the problem but are unwilling to do anything about it, because for them the near-term cost of addressing the problem—in terms of expenditure of resources, loss of clout, or injury to their reputation … Read More
I was pleased to receive a couple of weeks ago an email from Jim Schmitt, chapter relations manager of the Healthcare Financial Management Association. Here’s the relevant part of Jim’s email: Thank you so much for the outstanding article, “Legal Usage in Drafting Corporate Resolutions.” I manage chapter relations for the Healthcare Financial Management Association and the article was very … Read More
In this December 2011 post I considered document-design “bling” in Australian contracts. I’d now like to consider another issue relating to the look of Australian contracts: use of tabulated enumerated clauses. Consider the screenshot to the right (click on it to see it full-size). I think it’s a compact but otherwise representative example of how Australian drafters like to break … Read More
I confess that while I was at LegalTech I did only a minimal amount of prospecting at other booths, so I didn’t get to speak with anyone about “Westlaw Drafting Assistant – Transactional.” (Including an en-dash, with spaces, in your brand? That takes some gumption.) It’s described in this item as being “the first comprehensive set of automated tools and … Read More
On Monday I had the pleasure of meeting at LegalTech Ari Kaplan, prolific observer of the legal scene. He did an impromptu guerilla interview of me that you can see here. I recommend you not watch it if any impressionable children are in the room—they might be traumatized by my snaggle-toothed leer and looming schnoz.
Today (Monday, January 30) and tomorrow I’ll be at LegalTech New York, one of legions manning the new, double-wide Business Integrity booth (324/326). If you’d like to have a chat, call or text me at (516) 318-6956, email me, direct-message me on Twitter at @KonciseD, send smoke signals … One bit of news we’ll be imparting to visitors to Business … Read More
Reader Bradley Clark, proprietor of the Texas Law Blog, let me know about the recent Fifth Circuit Court of Appeals’ opinion in Carey v. 24 Hour Fitness, USA. Here’s the gist of it: The district court held that the binding arbitration provision relied upon by 24 Hour Fitness is illusory because 24 Hour Fitness “retain[ed] the unilateral right to modify … Read More
