From the Interwebs

Just Click No. I’ve written a decent amount about the adhesive nature of website terms of service and how it’s unseemly for contract law to pretend that people read and agree to them. Well, not everyone has to grin and bear it. If you have as much clout as the government, you might be able to wring out a few concessions as Bill Carleton reports in Amending Terms of Service: Pages from the Government’s Playbook.

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Here are a few recent articles from the Interwebs I found interesting. You might want to take a peek, also.

Ecuador Oil Contamination. Venkat Balasubramani tweeted a link to Reversal of Fortune, a detailed story in the New Yorker about a lawsuit against Texaco for environmental damage in Ecuador. The case dragged on for a couple of decades and resulted in an $18 billion verdict against Chevron (the successor in interest to Texaco). It’s clear that environmental damage was done, but a Chevron lawyer once said, “This is not about dirt in Ecuador. It is about a contract and how to interpret it.”

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Here are a few of the pieces from the social web I enjoyed reading recently. I shamelessly stole the idea from Bradley B. Clark, who writes the Texas Law Blog. I don’t know who he lifted the idea from….

There’s always something interesting going on at Ken Adams’s The Koncise Drafter for folks who are into contract language. My favorite discussion this week was Excluding Consequential Damages in a Confidentiality Agreement. I usually use the word discussion when I talk about Ken’s blog, because his readers offer up thoughtful, stimulating comments to almost every post. If you’re reading the blog in an RSS reader, you’re missing out on a lot of the good stuff. [click to continue…]

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theContractsGuy is a new blog and I’m still finding my voice. So far I’ve pretty much kept to the topic of contracts and the process of contracting. But those who follow my Twitter feed, Facebook page, and LinkedIn updates know that I’m also interested in other areas of business law, legal services technology, the changes the legal profession is undergoing, and law firm business models. (I’m also interested in Latin, but I don’t tweet about that very often.)

I’ve often been tempted to cover those topics here, but, other than this brief description of an area in the nether regions of the blog where I’ve posted links to interesting discussions about law firm business models, I’ve resisted the urge. That might change, but not today. [click to continue…]

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