Miscellany

Good Morning America recently ran a story about a mother who gave her son an iPhone — along with her own terms of service. Failure to follow them would “result in termination” of his iPhone ownership.

Actually, “ownership” isn’t to be taken too literally, as the arrangement is more of a license: “It is my phone. I bought it. I pay for it. I am loaning it to you.” And the license is subject to certain acceptable use requirements, such as, “Do not send or receive pictures of your private parts or anyone else’s private parts.” And the risk of loss sits squarely on the licensee’s shoulders: “If it falls into the toilet, smashes on the ground, or vanishes into thin air, you are responsible for the replacement costs or repairs. Mow a lawn, babysit, stash some birthday money. It will happen, you should be prepared.”

To read the whole contract and a clip of an interview of licensor and licensee, see To My 13-Year-Old, An iPhone Contract From Your Mom, With Love. I’m sure more people have read these personal ToS than have slogged through Apple’s version.

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It’s that time of year … time for bloggers to put together a list of their top posts as the new year approaches. Well, I’m happy to get ahead of the curve and serve as the antipasto — the hors d’oeuvre, the aperitif, the opening act — for the more substantial bloggers among us who’ll soon be serving up their best dishes of the year gone by.

It’s been a fantastic year as I (finally) reached my 100th post, met new interwebs friends, and had great conversations with contracts aficionados and law business enthusiasts on this blog and others. I’m looking forward to blogging in 2013.

1. Battle of the Forms Explained (Using a Few Short Words)

In this primer on UCC 2-207’s battle of the forms, I discuss the common-law approach to mis-matched offers and acceptances that result from the use of pre-printed contract forms, as well as the solution offered by article 2 of the Uniform Commercial Code. The post comes complete with a handy flowchart to help solve battle-of-the-forms problems (but see the comments on use of the chart). Like cheese, this post gets better with time as Google serves it up more often as time goes by. In the new year I plan to do some pieces on specific battle of the forms issues and include exercises and real-life examples.

[click to continue…]

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100 Posts

by Brian Rogers on November 29, 2012

in Miscellany

Well, it took almost two years, but you’re reading my 100th Contracts Guy post. I started the blog as a personal project to keep the saw sharp and demonstrate expertise after leaving the safety and brand name of a corporate firm to build a transactional practice at a boutique litigation firm.

It’s been far more rewarding than I’d ever imagined.

In addition to providing a place to write about contracts and law business issues, theContractsGuy has helped me meet great people, and it’s facilitated stimulating conversations. To those who’ve participated in those conversations and to those who silently check in from time to time, thank you.

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Ken Adams posted recent email correspondence with a young in-house lawyer who wrote asking for practice tips. Fresh out of law school and assigned to a one-man legal office in a foreign country, he’s about as isolated and self-sufficient as the Curiosity on Mars.

Several seasoned commercial attorneys who are regular contributors to the discussions on Ken’s The Koncise Drafter blog, including Chris Lemens and Mark Anderson (the proprietor of IP Draughts), responded with excellent advice. I’d recommend clicking over to the post and taking a few minutes to read the comments.

I don’t feel that I can add much to the exceptional answers on Ken’s blog to the young lawyer’s specific questions, but here are a few tips I’d offer to any young corporate lawyer:

[click to continue…]

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Prof. Meredith Miller very kindly posted an interview piece on the ContractsProf Blog this evening featuring yours truly. To those of you who found my little piece of the Interwebs via her post, welcome.

Everyone wants to tidy things up a bit when they’re expecting company — trouble is, I’ve been pretty busy and I haven’t had much time to post lately. So allow me to give you a quick tour of a few posts from the archives.

Battle of the forms primer. By far the most widely-read piece on the blog is Battle of the Forms Explained (Using a Few Short Words). [click to continue…]

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Thanks to a bout of insomnia and a shot of motivation I was able to tackle a few improvements to the blog recently. Here’s a quick summary.

Disqus

Out with the native Squarespace comment system and in with Disqus! I made the switch for back-end management convenience, to reduce issues readers had when posting comments, and to simplify the commenting process. Now you can comment via Facebook, Twitter, and Disqus logins. [click to continue…]

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Welcome to the inaugural post of theContractsGuy blog. Here is a little background about the person behind the blog and a broad-strokes description of what I have planned for future posts. One regular feature of the blog will be “the Reading List,” a spot highlighting a legal blog of interest. Be sure to subscribe to theContractsGuy RSS feed or check back Friday to see the first installment of the Reading List.

About theContractsGuy (the Guy)

This blog is a project of Brian Rogers, a corporate attorney licensed in Missouri and Illinois and practicing in St. Louis as a partner at Evans & Dixon, L.L.C. [click to continue…]

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Coming in January 2011

by Brian Rogers on December 29, 2010

in Miscellany

theContractsGuy is in pre-launch mode. The first post is expected in January 2011.

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