Drafting Revising Contracts
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Drafting Revising Contracts
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Author : Ben L. Fernandez
language : en
Publisher:
Release Date : 2019
Drafting Revising Contracts written by Ben L. Fernandez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Contracts categories.
Drafting And Revising Contracts
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Author : Ben L. Fernandez
language : en
Publisher: Vandeplas Pub.
Release Date : 2019-08-20
Drafting And Revising Contracts written by Ben L. Fernandez and has been published by Vandeplas Pub. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-20 with Law categories.
This book is a comprehensive guide to everything you need to know about drafting contracts from scratch and revising complex form agreements.
Transactional Drafting
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Author : Ben Fernandez
language : en
Publisher:
Release Date : 2021-10-07
Transactional Drafting written by Ben Fernandez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-07 with categories.
Transactional Drafting: Introduction to Contract Drafting and Transactional Practice contains a condensed presentation of all of the topics typically covered in an upper level law school class on contract drafting. The book covers drafting from scratch including writing in plain English (not using legalese), avoiding ambiguity, and drafting covenants, rights and prohibitions consistently (using "will" or "shall" for covenants, "may" for rights, and "will not" or "shall not" for prohibitions). And it covers contract organization, from the title and the exordium to the core covenant, deal provisions and "boilerplate," to the testimonium and the signature blocks. The book also includes material on getting up to speed before you start drafting and brainstorming for contingencies after you have finished. In addition to drafting from scratch the book introduces students to the wide range of skills involved in transactional practice. There are chapters on revising form documents, both when you are the original drafter and when you represent the other side. Also, the book includes chapters on negotiating contract language, handling a closing (i.e. verifying authority and getting the documents signed), dealing with ethical issues that arise in contract drafting and execution, drafting a contract amendment, and using computers to draft contracts. Transactional Drafting includes everything students need to know to "hit the ground running" as a transactional attorney. The chapters of the book are as follows: 1.Getting up to Speed (familiarizing yourself with the client's business and interviewing the client to flush out all the terms of the deal) 2.Drafting Covenants, Rights, Prohibitions and Descriptions (using "will" or "shall" and "may") 3.Avoiding Potentially Ambiguous Words and Phrases (time periods, numbers, misplaced modifiers, indefinite pronoun references) 4.Organizing a Contract's Beginning Sections (title, exordium, background, definitions, reps and warranties) 5.Organizing Core Covenants and Other Deal Provisions (core covenant, duration, additional provisions) 6.Organizing a Contract's Ending Sections (termination, cancellation, boilerplate, testimonium, signature blocks) 7.Brainstorming (additional provisions to better protect the client, indemnity, insurance, waivers, liability limits) 8.Drafting with Precedent Language and Documents (sources, evaluating samples, revising language) 9. Tailoring Form Documents for a Deal (making revisions consistent, determining the effect on other provisions) 10.Revising the Other Side's Completed Documents (qualifying language, limiting scope, inserting conditions) 11.Negotiating Contract Provisions (preparation, advancing the client's interests without killing the deal) 12.Dealing with Ethical Issues in Contract Drafting (revisions to signed documents, unenforceable provisions, notarization after the fact) 13.Getting the Contract Signed (closing the deal) 14.Drafting a Contract Amendment (sample form for amendments) 15.Drafting With Document Assembly Programs and On Line Resources (using artificial intelligence for contract drafting) In addition, the appendix to the book has numerous examples of contract provisions, checklists, exercises and sample documents as well as an introduction to the documents typically used for a commercial real estate loan (promissory note, guaranty, loan agreement, mortgage, and security agreement).
Drafting Contracts A Practical Guide To Transactional Practice
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Author : Ben L. Fernandez
language : en
Publisher: Vandeplas Pub.
Release Date : 2020-08-14
Drafting Contracts A Practical Guide To Transactional Practice written by Ben L. Fernandez and has been published by Vandeplas Pub. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-14 with Law categories.
Drafting Contracts - A Practical Guide to Transactional Practice, authored by Ben L. Fernandez is a brief but comprehensive guide to everything you need to know about drafting contracts from scratch and revising complex form agreements. Ben L. Fernandez currently teaches Legal Drafting to students at the University of Florida Levin College of Law. Before he went into teaching, he gained extensive experience practicing in this area. He has densely packed this concise text with valuable practice information, insights and tips. This latest book on contract drafting contracts covers more topics and has much more practical information than other texts on this subject. Issues discussed include: Getting up to Speed (familiarizing yourself with the client's business and interviewing the client to flush out all the terms of the deal) Drafting Covenants, Rights, Prohibitions and Descriptions (using "will" or "shall" and "may") Avoiding Potentially Ambiguous Words and Phrases (time periods, numbers, misplaced modifiers, indefinite pronoun references) Organizing a Contract's Beginning Sections (title, exordium, background, definitions, reps and warranties) Organizing Core Covenants and Other Deal Provisions (core covenant, duration, additional provisions) Organizing a Contract's Ending Sections (termination, cancellation, boilerplate, testimonium, signature blocks) Brainstorming (additional provisions to better protect the client, indemnity, insurance, waivers, liability limits) Drafting with Precedent Language and Documents (putting a document together from sample provisions) Tailoring Form Documents (revising a complex form document) Revising the Other Side's Completed Documents (qualifying language, limiting scope, inserting conditions) Negotiating Contract Provisions (preparation, advancing the client's interests without killing the deal) Closing the Deal (closing agendas, verifying signature authority) Dealing with Ethical Issues in Contract Drafting (revisions to signed documents, unenforceable provisions, notarization after the fact) Drafting a Contract Amendment (sample form for amendments) Using Computers to Draft Contracts (document assembly programs, on line execution, artificial intelligence) Drafting Contracts also contains numerous sample contract provisions, as well as helpful charts and checklists, and exercises and sample answers on drafting a contract from scratch and tailoring and revising a complex form agreement. Drafting Contracts - An Introduction to Transactional Practice by Ben L. Fernandez is an essential guide for any law student or novice attorney interested in contract drafting and transactional practice.
Contract Drafting
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Author : Ben L Fernandez
language : en
Publisher:
Release Date : 2021-04-29
Contract Drafting written by Ben L Fernandez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-29 with categories.
"Contract Drafting Introduction to Transactional Practice" is a brief but comprehensive guide to everything you need to know about drafting contracts from scratch and revising complex form agreements. This is an excellent supplement for a class on transactional drafting. It is written in a concise and unpretentious style, and is more comprehensive than most textbooks on this subject, covering the following topics: (1) Getting up to Speed (familiarizing yourself with the client's business and interviewing the client to flush out all the terms of the deal); (2) Drafting Covenants, Rights, Prohibitions and Descriptions (using "will" or "shall" and "may"); (3) Avoiding Potentially Ambiguous Words and Phrases (time periods, numbers, misplaced modifiers, indefinite pronoun references); (4) Organizing a Contract's Beginning Sections (title, exordium, background, definitions, reps and warranties); (5) Organizing Core Covenants and Other Deal Provisions (core covenant, duration, additional provisions); (6) Organizing a Contract's Ending Sections (termination, cancellation, boilerplate, testimonium, signature blocks); (7) Brainstorming (additional provisions to better protect the client, indemnity, insurance, waivers, liability limits); (8) Drafting with Precedent Language and Documents (putting a document together from sample provisions); (9) Tailoring Form Documents (revising a complex form document); (10) Revising the Other Side's Completed Documents (qualifying language, limiting scope, inserting conditions); (11) Negotiating Contract Provisions (preparation, advancing the client's interests without killing the deal); (12) Closing the Deal (closing agendas, verifying signature authority); (13) Dealing with Ethical Issues in Contract Drafting (revisions to signed documents, unenforceable provisions, notarization after the fact); (14) Drafting a Contract Amendment (sample form for amendments); (15) Using Computers to Draft Contracts (document assembly programs, on line execution, artificial intelligence) This book is also a great introduction to transactional practice for any attorney who is new to this area of law. If your practice involves contract drafting and you didn't get the training you need from law school, this book will help you learn what you need to know as quickly as possible. Numerous examples of contract provisions, checklists, exercises and sample documents are included to help you start building your portfolio of provisions and documents.
Drafting Contracts In Legal English
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Author : Cynthia M. Adams
language : en
Publisher: Aspen Publishers
Release Date : 2013-03-15
Drafting Contracts In Legal English written by Cynthia M. Adams and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-15 with Law categories.
Written in a deliberate and concise manner, devoid of United States colloquialisms, Drafting Contracts in Legal English: Cross-border Agreements Governed by U.S. Law is designed for classroom use as well as self-study. Teaching a strategic approach and sequential steps to drafting contracts, the text includes examples and exercises based on cross-border agreements such as distribution agreements, licensing, franchises and equipment leases. Special drafting issues in cross-border agreements are also considered: choice of language clauses, choice of forum clauses, indemnification provisions, force majeure clauses, counterpart clauses, international alternative dispute resolution clauses, and the choice to opt in or out of the CISG. By providing appropriate explanations of United States law, the text increases student comprehension as suggested drafting approaches are placed in legal context. This unique guide discusses the purpose of and provides drafting tips for contract parts, contract organization and formatting, basic contract provisions, letters of intent, and the craft of reviewing and revising contracts. End-of-chapter exercises test overall comprehension and apply drafting concepts presented in the chapter. To increase the non-native speakers lexical range, vocabulary is derived from a statistical analysis of thousands of authentic contracts. To help with contract sentence structures that are challenging for non-native speakers, syntax structures are based on comparison to databases with authentic contracts. A glossary of contract terms is based on frequency counts from thousands of authentic contracts and usage in text, contextualized and cross-referenced with most common collocations.
Drafting And Revising Employment Contracts
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Author : Kurt H. Decker
language : en
Publisher: John Wiley & Sons
Release Date : 1991-01
Drafting And Revising Employment Contracts written by Kurt H. Decker and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01 with Law categories.
Drafting Reviewing And Signing Contracts
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Author : G D Avramova
language : en
Publisher:
Release Date : 2020-10-04
Drafting Reviewing And Signing Contracts written by G D Avramova and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-04 with categories.
Are you a law graduate, trainee solicitor, paralegal or contract manager looking for a head start in your legal career? You do not have to spend the first one to two years of your practice figuring out the basics. Discover the Basic Legal Skills Quick-Start Guides by G.D. Avramova! In one day or less, they will equip you with the most essential skills to jump-start your career. Drafting, Reviewing and Signing Contracts (A Practical Quick-Start Guide) About this Guide: Drafting and Reviewing Contracts - You Can Do It! With a few simple rules and techniques, revealed in this quick-start guide, you can be swiftly on your way to drafting and reviewing (simple) English law contracts. English contracts drafting skills will also equip you to review and red-line other common law governed contracts, such as contracts written by lawyers in Australia, New Zealand, Singapore and India. In this guide, you will learn: -how to compose a contract, based on the standard attributes and anatomy of the English contract and some best practice rules for good drafting;-how to review and provide edits and comments in a draft contract;-how to obtain and exchange signatures with other parties electronically;-how to collate and distribute paper versions of the signed contract, if a party requires to keep an original of the contract. This guide is most suitable for law graduates, trainee solicitors, paralegals or contract managers at the beginning of their legal career. However, slightly more experienced legal professionals might also find it useful - as a refresher or as a means of correcting some "bad habits" picked up along the way in the first years of their practice. Finally, civil law-qualified lawyers will find this guide invaluable in deciphering the English contract and being able to respond to their English (or common law) counterparts during contract negotiations in a way which looks professional and knowledgeable. About the Author: G.D. Avramova is an English-qualified commercial and technology lawyer. Building upon a foundation of various legal studies and practical legal skills acquired at Allen & Overy (a top-tier international law firm), she has been practising in-house since 2008, where she has gained considerable experience negotiating contracts and providing legal advice in support of the global operations of various technology multinationals. This guide reflects that experience and is a perfect introduction to working with contracts for the "freshman" in the in-house legal department or in private practice. This guide is an independent publication and is neither affiliated with nor authorised, sponsored or approved by anyone other than the author. What others say about this Guide: "Great job - really well done! This will be very useful for lawyers with no or little practical experience." - Shreya Damle, Indian-qualified lawyer, legal counsel at a technology multinational "This guide is an easy and interesting read. For a newbie lawyer or non-lawyer, it lays a clear foundation." - Sarah Hamid, English and American-qualified lawyer, senior regulatory counsel at a technology multinational Get this guide now to start building your essential legal skills!
Legal Drafting
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Author : Thomas R. Haggard
language : en
Publisher: West Academic Publishing
Release Date : 2007
Legal Drafting written by Thomas R. Haggard and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This text provides a comprehensive and flexible teaching instrument for any course in legal drafting. It contains text, examples, and exercises that deal with both contract and statutory drafting-making the text suitable for a general drafting course, or one that focuses on either of the two more specialized forms of a drafted document. Most of the chapters contain exercises that test students' knowledge of and ability to apply the materials. They also contain further drafting exercises that involve drafting or revising either specific provisions or entire contracts and statutes.
The Interpretation Of Contracts
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Author : Hon Mr Justice Kim Lewison
language : en
Publisher:
Release Date : 2009-01-12
The Interpretation Of Contracts written by Hon Mr Justice Kim Lewison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-12 with Contracts categories.
The 7th Edition of the CIPA Guide is a fully updated version of this established work, acknowledged since 1980 as a must-have for any practitioner advising on patents. Its purpose has remained unchanged since first publication: "The broad aim has been to provide a manual for reference, if not daily, at least whenever any doubt arises on the provisions of the Act or Rules and above all on the practice under them". Since publication of the 6th Ed in 2009 the flow of significant new material has been relentless, including revisions to the Patents Rules, the Civil Procedure Rules and EU Regulations and landmark decisions of the UK Courts, the EPO Appeal Boards and (of increasing significance to UK and European practitioners) the US courts. A new edition was considered of more use to practitioners than a second supplement since these changes could be evaluated fully and incorporated into the main text. Compiled by a team of 34 professionals including patent attorneys, solicitors and members of the Bar individually selected for knowledge of and insight into the subjects to which they contribute, this essential guide gives you all the tools you need to protect the rights of your clients. * Features a unique section-by-section guide to the Patents Act, 1977 and relevant provisions of the Copyright, Designs and Patents Act, 1988 * Includes the complete text of each section and of any relevant Patents Rules, Civil Procedure Rules and practice directions * Provides extensive commentary on the interpretation of each section by the UK-IPO and courts and on relevant case law of the EPO Appeal Boards * Refers to over 3300 decisions of the UK IP Office and courts and of the EPO Appeal Boards * Includes in-depth of analysis of both reported and significant unreported decisions * Acts as a practical guide to the current requirements of and procedures before the UK-IPO and the UK courts * A trusted and authoritative text with an easy to follow layout making your research quicker and easier * The first port of call for both patent prosecutors and litigators needing access to current law and practice "I shall continue to keep the book within easy reach. So should anyone else concerned with European or British patents." The Right Hon. Professor Sir Robin Jacob "The legal scholarship found in this book has an important role to play." The Hon. Randall Rader, Chief Judge, U.S. Court of Appeals for the Federal Circuit Features Sections and Schedules with: Relevant Rules; Commentary and Practice, including the following: * Contains an extensively rewritten discussion of patentable subject matter (s. 1) evaluating the impact of the landmark decision of the EPO Enlarged Appeal in G3/08 PRESIDENT'S REFERENCE and numerous subsequent decisions of the UK IP Office, UK courts and the EPO Appeal Boards * Updates its discussion of novelty (s.2) explaining landmark Court of Appeal decisions in Gemstar v TV Guide, Leo Pharma v Sandoz and Dr Reddy's v Eli Lilly (selection inventions) and numerous EPO Appeal Board decisions * Contains a re-written review of inventive step (s. 3), explaining decisions of the House of Lords in Conor v Angiotech and Generics v Lundbeck and landmark Court of Appeal decisions including e.g. Schlumberger v Elecgtromagnetic Geosciences, Napp v Ratiopharm, Virgin Atlantic v Premium Aircraft Interiors and Generics v Daiichi; also explaining how the EPO's PSA approach differs as between mere alternatives and advantageous alternatives * Contains a revised discussion on industrial applicability (s. 4) following the House of Lords decision in Eli Lilly v Human Genome Sciences * Updates its explanation of methods of treatment and diagnosis including the key decisions of the EPO Enlarged Appeal Board in G2/08 ABBOTT RESPIRATORY/Dosage Regime and G1/07 MEDI_PHYSICS/Treatment by surgery (s. 4A) * Revises the treatment of biotechnological inventions (76A) updated to include e.g. MedImmune v Novartis * Updates the discussion of Supplementary Protection Certificates (s. 125B), provides the latest version of Regulation (EC) 469/2009 and discusses the latest UK and European decisions on SPCs. * Reviews the latest decisions on insufficiency including CoreValve v Edwards Lifesciences, Ratiopharm v Alza, HTC Corp v Yozmot, Schlumberger v Electromagnetic Geosciences and Novartis v Johnson & Johnson and numerous decisions of the EPO Appeal Board (s. 14) * Explains the latest opinions on infringement (s. 60) including Virgin Atlantic v Delta (kit of parts), Medimmune v Novartis (direct product of patented process), Rambaxy v AstraZeneca (use claims), Grime v Scott (contributory infringement) and Schutz v Werit (license to repair) * Updates extent of protection (125) to include key decisions e.g. in Ancon v ACS Stainless Steel fixings, Dyson v Samsung, Medimmune v Novartis and Virgin Atlantic v Premium Aircraft Interiors. * Outlines key decisions on groundless threats (s.70) under the amended section, including Zeno Corp v BSM-Bionicand FNM Corp v Drammock * Explains the new Patents Court procedures set out in CPR Part 63 and the new Practice Direction together with the new procedure in the Patents County Court (s. 61 and Appendix F). * Reviews new procedures for dispute handling in the UK IP Office (s. 123) PATENTS RULES 2007 Titles of Rules with cross-references to text locations COPYRIGHT, PATENTS AND DESIGNS ACT 1988 Arrangement of sections in Parts V and VI Sections 274-295 with Commentary APPENDICES A: History of United Kingdom Patent Law B: Supplementary Protection Certificates C: The Biotechnology Directive D: The Treaty on the Functioning of the European Union (TFEU) E: Civil Procedure Rules (Extracts) F: Part 63 of the Civil Procedure Rules G: Patents Court Guide and Patents County Court Guide H: Patent Attorney and Trade Mark Attorney Qualification and Registration Regulations 2009 I: Rules for Examination and Admission of Individuals 2011 J: Rules of Conduct for Patent Attorneys, Trade Mark Attorneys and Other Regulated Persons K: Special Rules of Professional Conduct Applicable to Regulated Persons Conducting Litigation or Exercising a Right of Audience Before the Court