Posts by Ross Guberman

You’ve probably seen a spell checker turn “tortious interference” to “tortuous interference.” Ouch! But how does MS Word’s new Editor handle more-sophisticated editing suggestions in legal documents? We report below; you decide.

  Impeachment language is stuffy and overwrought, and the middling BriefCatch scores for the new Resolution reflect that:     But even if we can’t punch up the prose here, all hope isn’t lost. We could fix this verb-form error and punctuation glitch:     We could use American punctuation conventions, clarify sources, and reconsider…

Originally written in March 2016 We’ve heard a lot about Merrick Garland’s sterling CV and seasoned age, but how does he fare as an opinion writer? For clues, I pored over his 2013 opinion in ACLU v. CIA, a Freedom of Information Act case about whether the CIA could refuse to confirm or deny that it had records related to…

These paid internships are for law students and recent graduates with a strong interest and exceptional skills in legal writing, research, and legal tech. Projects will include these and others: Research and writing related to completing new editions of Point Made and Point Taken Testing legal documents using BriefCatch Creating and formatting e-learning on legal…

Would you put “and” or “or” in the blank here? How much do you care? And how much would you bet that you’re right? DoorDash’s S-1 statement: “We would cease to be an emerging growth company UPON THE EARLIEST to occur OF: (i) the last day . . . (ii) the date we . .…

To paraphrase Bill Clinton, can an ingredient in a patented drug depend on what the meaning of a slash is? The Problem Bracco Diagnostics patented a formulation for sincalide, a drug used to diagnose disorders of the gall bladder and pancreas. It later sued Maia Pharmaceuticals for infringing the patent. Bracco prevailed at the district…

Today’s judges pepper their opinions with nods to Marie Kondo, Breaking Bad, Bob Dylan, and Dr. Seuss. Were the old-timers missing a populist touch? You be the judge. I did some pop-culture research to predict how three great opinions might have read differently. Marbury v. Madison (1803) Just as Johnny Appleseed has the last word…

In the holiday spirt, the Vice Chancellor Laster just sent contract drafters a gift: His new blockbuster COVID-related decision “edits” the Material Adverse Effect definition driving the M&A dispute. Here’s the original, the court’s discussion, a redline, and a revised version. Do you agree that the language the Court of Chancery suggests cutting is “obviously…

A natural extrovert with thousands of live workshops under my belt, I was as skeptical of Zoom and WebEx training as anyone. Yet dozens of virtual workshops later, I’ve become a Zoom convert. Two tricks: condition yourself to see the remote format as an opportunity, not a hurdle, and capitalize on Zoom’s interactive tools. If…