BriefCatch Blog

Writing Tips & Legal Writing Articles

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Force Majeure and Coronavirus: A Checklist

By Ross Guberman / April 1, 2020 /

I skimmed hundreds of pages of client alerts and other publications. Here’s a distillation. What is force majeure? A contract defense allowing you to (1) delay performance, (2) excuse performance, or (3) limit liability from nonperformance. You invoke force majeure over an event (or the effect of an event) that you couldn’t control or reasonably anticipate…

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Five Ways to Write Like George Conway III

By Ross Guberman / March 31, 2020 /

When you hear the name George Conway III, do you think “Kellyanne” or “That Twitter Guy”? My goal is to make the association “Peerless Securities Litigator” or “Crack Legal Writer.” After all, Mr. Conway figured in my Point Made long before he became a household name. Let’s take two routine briefs Mr. Conway signed at…

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Five Ways to Write Like Justice Kagan

By Ross Guberman / March 29, 2020 /

It’s hard to get lawyers and judges to agree on much these days, but here’s one exception: that Justice Elena Kagan is a terrific writer. Take her majority opinion in Allen v. Cooper. Kagan’s opening facts might already reel you in: But don’t be fooled. It’s still a case about sovereign immunity in copyright actions.…

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