Piles of Contracts

By Rick Colosimo / July 11, 2015 / Comments Off on Piles of Contracts

Man, Ken Adam’s isn’t kidding when he talks about not being impressed by collections of contracts, mostly scraped from EDGAR. I saw a reference to TechAgreements, which I hadn’t heard of before, and now I know why: Here’s a selling point on their page with “Recommended Convertible Notes” (which are all clearly just scraped): “Prepared…

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How to negotiate a document

By Rick Colosimo / May 19, 2015 / Comments Off on How to negotiate a document

This article gives some tips on how to negotiate a contract. While it’s aimed more at business people, it’s awfully close to what lawyers should do. I think almost every document can be fixed in one round of changes, unless there are open business issues that were deliberately left open at the term sheet or…

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You're using the form wrong if….

By Rick Colosimo / December 2, 2013 / Comments Off on You're using the form wrong if….

Here’s an excerpt from a website terms of service I just read: [Please confirm whether users can submit content such as comments, blog posts, etc.] In order to make our Services more dynamic and useful, we may allow you to post comments or reviews or other Submissions to the Services and our forums. The bracketed…

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Don't accept passive-aggressive drafting

By Rick Colosimo / October 24, 2013 / Comments Off on Don't accept passive-aggressive drafting

I recently came across this language (unaltered) in a contract: The Parties understand and agree that all Confidential Information (i) is to be preserved and protected; (ii) is not to be disclosed or made available, directly or indirectly, to anyone other than Authorized Employees, including, without limitation, third parties or unauthorized employees for purposes unrelated…

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