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Legal Writing › Contract Drafting

Shutts & Bowen LLP

Can Emojis Create a Legally Binding Contract?

Shutts & Bowen LLP on

Ancient Egyptians developed hieroglyphics as a form of communication around 3100 BC. Fast forward 5,000 years, and they’re back. People today regularly communicate with the use of emojis or emoticons, pictorial...more

Nelson Mullins Riley & Scarborough LLP

THE SCRIVENER - Accent on Writing: Diacritics

Nelson Mullins Riley & Scarborough LLP on

My mother was a French teacher, and after I made a “C” in my French class in the seventh grade, thus thoroughly embarrassing the family (well, only Momma was embarrassed, but she was embarrassed enough for the whole family),...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

Burns & Levinson LLP

Know What You Are and Are Not Giving Up in a Release

Burns & Levinson LLP on

Because over 95 percent of civil disputes are resolved without a final judgment, parties routinely enter into settlement agreements that include releases. Further, for those disputes that do not spawn formal litigation, it is...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

Pillsbury Winthrop Shaw Pittman LLP

Respecting Boilerplate

Pillsbury Winthrop Shaw Pittman LLP on

Boilerplate refers to the legal clauses of general application typically found at the very front and very end of complex agreements (or the flip side of printed forms, or the “click-through” screens of online forms). This...more

McCarter & English, LLP

Lessons Learned from Litigators: How to Avoid Litigation When Doing a Deal

McCarter & English, LLP on

In this Publication: - 2.1 Introduction 2–1 - 2.2 General Considerations About Contract Drafting 2–2 - § 2.2.1 Does the Contract Reflect a “Meeting of the Minds”? 2–2 - § 2.2.2 The Words of the...more

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