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Contract Drafting

939 published works

  1. Allens Insights

    WIP: ESG contract clauses

    By Allens

    Designing contracts to manage your ESG risk 6 min read Interest in environmental, social and governance (ESG) is continuing to grow at a rapid pace, including ESG-related goods and services.…

  2. Policyholder Pulse

    Heads I Win, Tails You Lose: Washington Supreme Court Rejects Insurers’ Efforts to Sell Illusory Insurance Coverage

    By William C. Miller, Robert L. Wallan

    Courts don’t look kindly upon insurance company shell games. In Preferred Contractors Ins. Co. v. Baker & Son Construction, the Washington Supreme Court slapped down an insurer’s attempt to manipulate…

  3. ContractsProf Blog

    Weekend Frivolity: Who’s Attacking Me Now?

    By Jeremy Telman

    Back when Stephen Colbert was heroically hosting The Colbert Report, he had a segment called "Who's Attacking Me Now."  Here's an example.  I would love to have a similar segment on…

  4. ContractsProf Blog

    Will Artificial Intelligence Make Contract Interpretation Easier?

    By Jeremy Telman

    In case you've been on a Barbieheimer binge for the last few weeks and missed it, Yonathan Arbel (below, left) and David Hoffman (below, right) have posted Generative Interpretation on…

  5. Energy & the Law

    “Harmony” in a Texas Mineral Reservation

    By Charles Sartain

    In Smart v. 3039 RNC Holdings LLC, the court reminds us that it will harmonize all parts of a contract, even one that “is not a model of clarity”, to…

  6. BuildSmart

    The Basics of Contract Interpretation: A Primer for Non-Lawyers in the Construction Industry

    By John Mark Goodman

    Every first year law student in the U.S. takes a course on the Law of Contracts. It’s a rite of passage where lawyers-to-be learn all about things like consideration and legally-enforceable…

  7. ContractsProf Blog

    Contract Drafting Conference at Emory Law School!

    By Jeremy Telman

    As the summer winds down and the fall ramps up, please consider taking a refreshing break by traveling to Atlanta on October 6-7 for Emory’s 8th Biennial Conference on the…

  8. ContractsProf Blog

    The (Belated) Tuesday Top Ten – Contracts & Commercial Law Downloads for August 2, 2023

    By Mark Burge

    Filed this week under B for "better late than never," we turn our attention to the SSRN download charts in our favorite scholarly areas.Top Downloads For:Contracts & Commercial Law eJournalRecent…

  9. Energy & the Law

    Supreme Court of Texas Tackles the Meaning of “Predecessors”

    By Charles Sartain

    The plain, ordinary, and generally accepted meaning of a word doesn't mean "anything goes". It depends on context, says the Supreme Court of Texas in Finley Resources Inc. v.  Headington…

  10. ContractsProf Blog

    Guest Post from Michael Blasie on Plain Language Waivers

    By Jeremy Telman

    Which Contract is Better?By Michael A. BlasieIf presented with two contracts with wildly different language about the same transaction, how would you tell which is better? To work towards an…