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Contract Drafting

939 published works

  1. Government Contracts Legal Forum

    To Be, or Not to Be: The ASBCA Holds that a Cost is Not “Incurred” Without a Legal Obligation to Pay

    By Nicole Owren-Wiest, Erin Rankin, Amanda McDowell

    In its recent decision, Cellular Materials International, Inc., ASBCA No. 61408 (Dec. 27, 2021), the Armed Services Board of Contract Appeals (“ASBCA”) observed that whether a cost has been “incurred” for…

  2. @AdlerLaw

    Ping® January 2022 – Reminder To Review Your Contracts

    By David Adler

    Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent…

  3. Adams on Contract Drafting

    What Effect Does E-Signing Have on Contract Drafting?

    By Ken Adams

    One consequence of my not doing deals is that I have little occasion to consider what effect, if any, e-signing has on the wording and format of contracts. As far…

  4. Adams on Contract Drafting

    Language of Policy as a Vehicle for Obfuscation

    By Ken Adams

    OK, it’s categories-of-contract-language time again! More specifically, the topic is language of policy, which states rules for how the contract works. Language of policy relates to stuff that happens automatically,…

  5. PracticePanther Blog

    M&A Lawyers: Contract Trends to Know for 2022

    By PracticePanther

    As mergers and acquisitions continue to see growth, mergers & acquisitions, or “deal” lawyers, will need to evaluate how they draft, access, and manage these new contracts. With 2021 being…

  6. Adams on Contract Drafting

    Exploring Further “Is Not Prohibited From”

    By Ken Adams

    This is a little subtle. Bear with me. In this 2017 post, I consider whether it’s OK to use in a contract, unadorned, the phrase is not prohibited from, as…

  7. Adams on Contract Drafting

    Tidying Up the Other Side’s Messy Draft

    By Ken Adams

    A question from a reader: When the other party’s counsel does the first draft, I have to work within the confines of whatever I’m given. In my review, I focus…

  8. China Law Blog

    Foreign Language Contracts are THE Key to Clarity

    By Dan Harris

    I must have told clients at least a thousand times in my career that “foreign language contracts are key.” In this post, I explain why I so often say this…

  9. Lawline Blog

    Eight Tips for Drafting & Negotiating Compliant Non-Compete Agreements

    By Carla Elias-Nava

    Non-compete agreements are not easy to enforce and can be expensive to litigate. However, it is estimated that one in five labor force participants are bound by a non-compete. Non-compete…

  10. Energy & the Law

    Addendum Prevails over Form … Again

    By Charles Sartain

    Co-author Brittany Blakey When the form contract says one thing and the addendum says another, which one would you expect to prevail? The central issue in Tier 1 Resources Partners…