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Butler Snow LLP

Five (5) Reasons to Stop Writing Numbers Like This

Butler Snow LLP on

With precedent being the bedrock of the legal industry, lawyers sometimes fall into the trap of mirroring conventions that they have observed other lawyers follow. Many times, this mirroring occurs without much thought by the...more

Allen Matkins

"Person And Its Affiliates" - Can "And" Be A Disjunctive Conjunction?

Allen Matkins on

Yesterday, I wrote about New York Judge Marcy Friedman’s opinion in Special Situations Fund III QP, L.P. v Overland Storage, Inc., 2017 N.Y. Misc. LEXIS 3878, 2017 NY Slip Op 32125 (Oct. 10, 2017). The case involved a...more

Allen Matkins

“Conforming With” May Not Be “Pursuant To”

Allen Matkins on

Lawyers often will write “pursuant to [name of law or regulation]” without expecting the phrase to be the source of controversy.  But language is an inherently ambiguous tool and lawyers will, if adequately feed, argue about...more

Allen Matkins

As Samuel Goldwyn Reportedly Said: “Include Me Out”

Allen Matkins on

A lawyer aims at precision that can never be achieved because of the bluntness of his tool – language. Consider the word “including”. Is it a term of enlargement or limitation? It is a term of enlargment when the intent is...more

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