From the monthly archives:

July 2008

Services agreement blank form is up

July 29, 2008

Yesterday I posted a check-the-boxes form for a generic services agreement with no pre-configured checkboxes. As time permits, I’ll add configurations tilted toward the service provider and to the customer.

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Situation checklists – I’ve started an online reading notebook

July 23, 2008

Like most lawyers, I do a lot of legal reading.  I often run across information that I think to myself, this would be good to keep in mind when X happens.  The problem, of course, is that when X does happen, I might or might not remember to think about the information I read. As [...]

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Eight rules for legal document design – Wayne Scheiss

July 21, 2008

I recently stumbled upon Wayne Scheiss’s legal-writing blog. He’s the legal-writing instructor at the University of Texas School of Law (my alma mater). Mr. Scheiss has posted a great short-form guide to formatting a legal document. Some of my favorites: Georgia font looks better than Times New Roman (I agree) Wider margins are better: they [...]

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Tax definition laundry list

July 18, 2008

Thanks to New York’s highest state court of appeals (hat tip to a Fulbright & Jaworski newsletter), I was able to add a painfully-long laundry list definition of “tax” to the Definitions-General section of the Compendium form book (see the Form book menu item at the top). I adapted the laundry list from the opinion in [...]

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Client finds clause compendium handy for HIPAA look-up

July 16, 2008

Yesterday an e-commerce client called to ask about HIPAA requirements, because his company was contemplating doing something with personal health information. While we were talking, I had him surf over to the the Compendium of contract clauses, where we looked up the HIPAA clause and its list of requirements (and the commentary had links to [...]

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Procurement people are shooting themselves in the foot – IACCM

July 12, 2008

The July IACCM Newsletter reports on its research results suggesting that procurement people at many companies are jamming onerous contract terms and conditions down the throats of their suppliers — but that this approach may in fact be counterproductive. “Ironically, as so much IACCM literature explains, this approach to risk management is self-defeating. By pushing onerous [...]

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Free clause language for drafting use was the right choice

July 12, 2008

The more I think about it, the more I’m convinced it was a good call to make the Drafter’s Choice clause language free for people to use in their actual contracts [as distinct from use in automated systems, form collections, etc.]. • Encourage user contributions: In the long term, I want this site to become [...]

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Software maintenance provisions have been posted

July 11, 2008

Yesterday I posted a set of provisions for software maintenance, including what might be thought of as “service level agreement” provisions with response times for various severity levels. See the Compendium (also accessible via the Form books menu option above) and use the index window to find the clauses you’re interested in.

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Negotiating a customer’s code-of-conduct compliance request in a contract

July 9, 2008

Last week I helped a software-company client negotiate a software license agreement with a global corporation. The customer’s standard contract form included a requirement that the provider comply with the customer’s code of conduct.  The customer’s code of conduct was some 84 pages long. My client has other customers, of course; purely as an administrative [...]

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Compliance clauses added

July 8, 2008

I just added a Compliance section to the Compendium formbook. It addresses compliance with: Applicable law; Safety practices; Site rules; Network policies.

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Eight unconventional reference-check questions

July 8, 2008

The Business Pundit blog suggests eight questions, going beyond the usual ones, for hiring managers to ask when they check a candidate’s references. On a related subject, here’s a list of legal and illegal interview questions by the University of Albany Office of Human Resources Management.  I don’t know how current or accurate it is, [...]

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