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Contract Drafting Legal Writing Contract Interpretation

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

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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