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Latest from Adams on Contract Drafting

I noted with interest this post on LinkedIn by Scott Simmons, a business-development coach. Scott kicks the post off by saying, “We need to talk about perfect. The legal profession has a problem with perfectionism.” But Scott’s post isn’t actually about perfectionism. Instead, it’s about lawyers being bad at “dealing with mistakes or setbacks.” You

I’ve just scheduled two series of my online course Drafting Clearer Contracts: Masterclass, which is built around eight live hour-long sessions held once a week and supplemented by reading and quizzes. The first session of one series starts on Thursday, 12 September 2024, at noon ET (US). The first session of the second one starts

Last week I saw this in a contract: Subcontracting. Acme may engage employees, independent contractors, consultants, or other persons or entities (collectively, “Assistants”) to aid Acme in performing Acme’s obligations under this Agreement, so long as those Assistants abide by the terms of this Agreement, specifically Section 7 (Confidentiality) and, if required under HIPAA, the

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

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