>> law, technology, and the space between

All content by Kyle E. Mitchell, who is not your lawyer.

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  1. Zelensky Compound NDA

    the mystery of the ritual runs deeper than law

  2. Second Draft of Waypoint for M&A

    refining acquisition-specific terms to the standard business NDA

  3. Square One 2e1u

    addressing an interesting Utah peculiarity

  4. Waypoint for M&A

    adding acquisition-specific terms to the standard business NDA

  5. Specifically Regulating Standardized Contracting

    quick thoughts on the Consumer Review Fairness Act of 2016

  6. Square One Second Edition

    improved US hiring forms and terms

  7. Signature Blocks 101

    what goes where and why, in brief

  8. Contract by E-Mail

    contract power is in your hands

  9. Waypoint NDA 3.0.0

    small terms fixes, big presentation improvements

  10. The Guestbook NDA

    a standard one-way nondisclosure agreement

  11. One-Way NDA

    good names for the next standard NDA?

  12. Law Insider’s Contract Teardowns

    lawyers dissect specific contract language

  13. Flat Forms

    plain language should come in plain pieces

  14. Waypoint Turns Two

    stop wasting time on nondisclosure agreements

  15. Square One

    fair terms. free forms. back to work.

  16. Don’t Sign Blank Checks

    a problem of pattern recognition

  17. Let’s Not All Read Terms of Service

    common quips on website terms miss the point

  18. You Have to Build a Time Machine

    Eventbrite falls into the terms of service trap

  19. Signing by E-Mail

    a writing is a writing is a writing

  20. Turnstile 1e

    first edition and new website

  21. DMSimple

    plain and simple DMCA safe harbor terms

  22. Turnstile

    springboard website terms of service

  23. Progressive Standardization

    standardized contracting can also be flexible

  24. Springboard Agreements

    putting a name to a tool

  25. Name this Contract Type

    agreements incorporating all their terms by reference


    compare Common Form markup online


    try Common Form’s editing tools online

  28. Common Form, Simplified

    publish, share, save our souls

  29. Terms of Service, Take Two

    shorter, higher-level, more fun

  30. Terms of Service, Take One

    reviewing the terms you’ve already agreed to

  31. CCPA Service Provider Addendum

    plain, minimal form

  32. Paste Your Terms Into Your E-Mails

    why don’t we do the obvious thing?

  33. Waypoint Trademark

    protecting the integrity of a standard form

  34. Waypoint 2.0.0

    a more adaptable, international standard

  35. Waypoint Abroad

    seeking quick reads from non-US counsel

  36. PANDA for Privacy

    the NDA for your personal information

  37. Help Take the Waypoint NDA International

    a call for help from common-law colleagues

  38. The Waypoint NDA

    stop wasting time on NDAs

  39. Critique This License

    developing a standard paid-software license

  40. The Discipline of Stated Purpose

    write out the purposes of legal terms in contracts

  41. A Canting Tribe Are We

    attacking the NDA problem with standards networks

  42. Crowd Hiring

    assurance contracts for short-term open software maintenance

  43. Quick Read of Tidelift’s Lifting Agreement

    nits picked in the developer terms for a new pay-the-devs company

  44. Digging Contracts Out of the Hole

    simple tools for drafting to be proud of

  45. California Work Made for Hire Statutes

    work made for hire contracts can make contractors employees for state employment insurance purposes

  46. Plain GDPR Processor Addendum

    open form plain-language processor addendum

  47. Plain Terms of Service

    open form terms of service for websites

  48. Six Great Deals Books

    read these books

  49. Feed this Bear

    indie coder, promote thyself!

  50. Prescription Contracts

    thinking about direct lawyer guidance on


    breaking the NDA logjam

  52. Switchmode Developer Agreement

    an open form contract for open source contractors

  53. Open Software Service Terms

    legal terms for paid web apps, now available in the English language

  54. The Mendicant Maintainerati

    no holy fools for Open Source

  55. Emancipation by Reference

    I am just a copy of a copy of a copy. Everything I say you have read before.

  56. What Enumeration Means

    Enumeration is an essential contract drafting tool. Don’t disclaim it!

  57. Template Ambiguity

    Document assembly can make ambiguity even harder to spot.

  58. The Blanks Problem

    A tough Common Form design decision explained.

  59. Term Injection

    Fighting insertion of unexpected terms in automated form contracts

  60. Certificated Assent

    How signed is signed enough for a hosted software licensing deal?

  61. Reproduction of Hierarchy

    Markdown isn’t great for contracts. HTML5 is better.

  62. Index Card Contracts

    Common Form for paper people

  63. Grab-Bag Contracts

    Might we write contracts like we fill shopping bags at the grocery store?

  64. Named Provisions

    If contract section numbers are just another namespace, can they be replaced with defined terms?

  65. Modularity is not the Law

    Ancient and modern principles of contract interpretation work against contracts made of modular parts

  66. The Halliburton Hypothesis

    Quantifying the negotiating process to mount attacks on the confidentiality of a public contract forms repository

  67. Common Form

    Composable, verifiable, shareable form contracts for the modern practice of law