Contracts

99% of website sign-up contracts are unreadable, study finds

Sign-up terms and conditions on the most popular U.S. websites have an average readability level on par with articles in academic journals, according to a study by two law professors. The professors used two readability tests to review “sign-in-wrap contracts” that consumers are required to accept before they sign up…

Feb 21, 2019 9:24 AM CST

Lawyer’s viral video rant amounted to malpractice, ex-client alleges in lawsuit

A former client of New York lawyer Aaron Schlossberg has filed a lawsuit claiming his viral video rant harmed its reputation. The suit by Niche Music Group says Schlossberg had a duty to refrain from conduct detrimental to clients, and his recorded rant amounted to breach of the engagement contract…

Jan 9, 2019 7:15 AM CST

Kavanaugh’s first Supreme Court opinion says courts have to respect parties’ decision on arbitration

Justice Brett M. Kavanaugh issued his first opinion for the U.S. Supreme Court on Tuesday. The unanimous opinion held that federal judges don’t have the authority to decide whether a dispute can be arbitrated when the contract gives the decision to the arbitrator.

Jan 8, 2019 10:27 AM CST

Fake network voids choice-of-law deal, Roy Moore says in defamation suit against Sacha Baron Cohen

Former Alabama Chief Justice and failed Senate candidate Roy Moore claims his $95 million defamation suit against Sacha Baron Cohen doesn’t have to be tried in New York because of misrepresentations made when he signed a contract before his appearance on the comedian’s show. The contract said Moore agrees not…

Dec 13, 2018 9:25 AM CST

Contract ‘busts’: Trying to decipher provisions that literally make no sense

Some contractual provisions, perpetuated in deal after deal, make no literal sense. The problems are threefold: (1) whenever such a document is retyped, clerical errors are likely to occur; (2) the sameness of the party designations leads to cognitive difficulties for all readers—including the drafters themselves—because the only visual difference is the two-character suffix at the end; and (3) clients tend to resent such documents not just for their unreadability, but also for their appearing to be forms that the lawyer took little care in adapting.

Dec 1, 2018 1:55 AM CST

Legal writing pro is helping teach AI to draft contracts (podcast)

Ken Adams has brought his contract expertise to a Pittsburgh artificial intelligence startup. The transactional lawyer stopped practicing law “the regular way,” as he puts it, in 2006 and devoted himself full time to his interest in contract language. After constant exploration on the topic, the 57-year-old 2009 ABA Journal…

Sep 12, 2018 6:00 AM CDT

Judge rules Johnny Depp can void unwritten contract with lawyer; is ‘handshake culture’ at risk?

A Los Angeles judge ruled on Tuesday that actor Johnny Depp can void an oral contract with his former lawyer because California law requires contingency agreements to be put in writing. Judge Terry Green said Depp’s 1999 oral agreement with lawyer Jacob Bloom is a voidable contingency-fee agreement because it…

Aug 30, 2018 6:00 AM CDT

Judge says narrow drafting dooms bid by Trump campaign to arbitrate bias suit

A narrowly drafted arbitration clause in a confidentiality agreement doesn’t require arbitration of a bias suit filed by a former Trump campaign staffer, according to a New York judge. Judge Arlene Bluth of the trial-level Supreme Court of New York ruled there is no need to send the case to…

Aug 17, 2018 3:31 PM CDT

Trump Organization accuses Omarosa’s book publisher of tortious interference with hush agreement

Lawyers for the Trump Organization have dispatched a letter to the publisher of Omarosa Manigault Newman’s tell-all book, Unhinged: An Insider Account of the Trump White House.

Aug 17, 2018 1:47 PM CDT

Law firms, tech companies partner to build new blockchain-based platform for smart contracts

A group of law firms and tech companies have teamed up to develop the Agreements Network, a platform that will aid in the creation, use and sale of smart contracts for lawyers.

Jul 30, 2018 6:05 AM CDT

The small country making a big impact on blockchain adoption

Ian Gauci tells Ari Kaplan: “We are a small nation without any particular resources, save for the sun and the sea. Other than that, we have human capital, so we always try to create niches to prosper.”

Jul 20, 2018 7:05 AM CDT

Dog on a lease? Woman surprised to learn pet she paid for was a rental

New York could become the third state to ban animal rentals after the state attorney general filed a fraud suit against a chain called The Pet Zone that includes allegations about a misleading leasing option. One of the people who complained about The Pet Zone is Chelsea Walrath. She told…

Jul 19, 2018 11:10 AM CDT

Can law students improve contracts drafted by accomplished lawyers?

I had had great teachers of contracts, but they emphasized theory, not practice. I resolved to prepare law students to tackle the costly, time-consuming problems of contract ambiguities. Many years of practice allowed me to make good on this resolution.

Jul 16, 2018 7:15 AM CDT

Does Roseanne Barr have a valid legal claim for cancellation of her show?

The First Amendment restricts the government from interfering with free speech rights, but it doesn’t cover job-related consequences for private employees--or even star comedians.

May 31, 2018 11:22 AM CDT

Harper Lee’s estate settles litigation over Broadway adaptation of ‘To Kill a Mockingbird’

The estate of Harper Lee has reached a settlement in litigation over its objections to a Broadway adaptation of To Kill a Mockingbird. The estate and the production company Rudinplay announced the settlement Thursday, but provided few details. The New York Times and Law360 have coverage. The estate had claimed…

May 11, 2018 11:47 AM CDT