New Public “Drafting Clearer Contracts” Presentation on 10 and 11 June 2024
Adams on Contract Drafting
by Ken Adams
1d ago
I’ve just scheduled a new public Drafting Clearer Contracts presentation. It consists of two three-hour sessions on 10 and 11 June 2024 (Monday and Tuesday), starting at 11:00 a.m. Eastern Time (US and Canada). (Well, it’s actually three hours and ten minutes, if you take into account a ten-minute break!) This presentation serves as an introduction to A Manual of ... Read More The post New Public “Drafting Clearer Contracts” Presentation on 10 and 11 June 2024 appeared first on Adams on Contract Drafting ..read more
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Misusing “Party”
Adams on Contract Drafting
by Ken Adams
1w ago
Today I saw this sentence (emphasis added) from a confidentiality agreement: Recipient shall be liable for any unauthorized disclosure or use of Confidential Information by or related to any party to whom Recipient discloses Confidential Information, as if such disclosure or use were by Recipient itself. It’s relevant to something discussed at yesterday’s in-person Drafting Clearer Contracts presentation (more about ... Read More The post Misusing “Party” appeared first on Adams on Contract Drafting ..read more
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I Just Did My First In-Person “Drafting Clearer Contracts” Presentation in Four Years
Adams on Contract Drafting
by Ken Adams
1w ago
On Friday, I went to Manhattan to do my first in-person Drafting Clearer Contracts presentation in four years. (The photo above is from that presentation, during the lunch break.) The previous one was in March 2020, for a law firm in Lancaster, Pennsylvania. Then the pandemic hit, and I went from constantly being on the road (see this 2019 post ... Read More The post I Just Did My First In-Person “Drafting Clearer Contracts” Presentation in Four Years appeared first on Adams on Contract Drafting ..read more
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The U.S. Supreme Court Cites MSCD
Adams on Contract Drafting
by Ken Adams
1M ago
In this post from last November, I noted that the U.S. Solicitor General had cited A Manual of Style for Contract Drafting in their brief in a case before the U.S. Supreme Court involving a dispute over an and, Pulsifer v. U.S. Well, two days ago the other shoe dropped: in their opinion in that case (here), the U.S. Supreme ... Read More The post The U.S. Supreme Court Cites MSCD appeared first on Adams on Contract Drafting ..read more
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The Big 12, Colorado, Utah, and Why You Should Steer Clear of “Agrees That”
Adams on Contract Drafting
by Ken Adams
1M ago
College American football and I had been total strangers. But just today, we were introduced by longtime reader Chris Lemens, who sent me a link to this Substack post about how the Big 12 Conference (a collection of college sports teams that play competitively against each other) signed deals with the University of Colorado and the University of Utah. Uh, ... Read More The post The Big 12, Colorado, Utah, and Why You Should Steer Clear of “Agrees That” appeared first on Adams on Contract Drafting ..read more
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The Big 12, Colorado, Utah, and the Why You Should Steer Clear of “Agrees That”
Adams on Contract Drafting
by Ken Adams
1M ago
College (American) football and I had been total strangers. But just today, we were introduced by longtime reader Chris Lemens, who sent me a link to this Substack post about how the Big 12 Conference (a collection of college sports teams that play competitively against each other) signed deals with the University of Colorado and the University of Utah. Uh, ... Read More The post The Big 12, Colorado, Utah, and the Why You Should Steer Clear of “Agrees That” appeared first on Adams on Contract Drafting ..read more
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A 17th Way to Say “May” With More Words and Less Clearly
Adams on Contract Drafting
by Ken Adams
1M ago
In chapter 3 (Categories of Contract Language) of A Manual of Style for Contract Drafting, table 3 (Language of Discretion: May) showcases 16 ways to say may with more words and less clearly. Friends, it’s time to introduce you to a 17th way. It’s in the extract in the image above: has the option to. It’s from a consulting agreement ... Read More The post A 17th Way to Say “May” With More Words and Less Clearly appeared first on Adams on Contract Drafting ..read more
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The Case for Using “The” with Party-Name Defined Terms That Consist of a Common Noun
Adams on Contract Drafting
by Ken Adams
2M ago
Some people feel strongly that one shouldn’t use the article the with party-name defined terms that consist of a common noun. In other words, say Company, not the Company. Here’s what I say about that in A Manual of Style for Contract Drafting: If the defined term for a party name is a common noun, use the definite article—the Purchaser ... Read More The post The Case for Using “The” with Party-Name Defined Terms That Consist of a Common Noun appeared first on Adams on Contract Drafting ..read more
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“Mr. and Mrs. Smith” Gets into Ambiguity of the Part Versus the Whole
Adams on Contract Drafting
by Ken Adams
2M ago
With my wife, Joanne, traveling, I was left to my own devices for a couple of days. The only mischief I got up to was experimenting briefly with low-calorie pizza (not to be repeated) and watching a new limited series on Prime Video, Mr. & Mrs. Smith. I found Mr. & Mrs. Smith diverting, mostly because I find Donald Glover ... Read More The post “Mr. and Mrs. Smith” Gets into Ambiguity of the Part Versus the Whole appeared first on Adams on Contract Drafting ..read more
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Using Words and Digits to State Numbers: Once More Unto the Breach
Adams on Contract Drafting
by Ken Adams
2M ago
Yesterday, Lyft issued an outlook mistakenly projecting that its margins would increase by 500 basis points. That was quickly corrected to 50 basis points. (Go here for a Bloomberg item about that.) That mistake prompted lawyer Pat Wallen to do this LinkedIn post about it. I’ve written plenty on this topic, but given the interest generated by Pat’s post, I’ll ... Read More The post Using Words and Digits to State Numbers: Once More Unto the Breach appeared first on Adams on Contract Drafting ..read more
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