A contract should read like instructions for building furniture – or an aircraft carrier

This week’s musings on tech contracts … Here’s a proposition: we should NOT seek shorter or simpler contracts where those goals contradict our higher priority: CLARITY. Brevity, simplicity, and clarity overlap, but they’re not the same. Clarity does often lead to shorter and simpler contracts. In fact, good writing itself leads to shorter and simpler […]

FREE AI Webinar from David Tollen

David Tollen is joining Parley Pro to host a free webinar, Our Future Jobs: AI and Other 21st Century Contracting Tools. Presented via Zoom on May 3rd at 10 AM PT. This session will explore the likely impact of new technologies, such as ChatGPT, on contract-drafters. We hope you will join us. (Contact ParleyPro for […]

Add “Epidemics” to Force Majeure

Some courts won’t enforce a force majeure clause without specifics. They want to see “hurricane” specifically listed as force majeure if you claim a hurricane excuses performance. So heed the coronavirus’ warning and check your standard contracts (and any you’re currently negotiating). Do they list “epidemics”? If not, add it. And while you’re at it, […]

Should Your Contract Promise that You Will Obey the Law?

By David W. Tollen Many tech contracts require that one or both parties “comply with applicable law.” Or they require compliance with specific laws, like “all privacy laws and other laws governing the handling of Project Data.” Should you make that promise? What’s Wrong with Promising to Obey Applicable Law? You might think that that the […]

The Tech Contracts Issue-Spotter

I use the table of contents from The Tech Contracts Handbook as an issue-spotter for software licenses, cloud computing agreements, and other IT contracts. I’m posting the table so others can do the same. Simply peruse the topics listed below and ask yourself whether your contract needs a clause addressing each one. Introductory Material: [deleted] xi […]