Four key elements: caps on total liability, exceptions to cap, limitations on type of damages, and exceptions to limits.


In recent posts, I have postulated that commercial contracting is on the following path of evolution:

  1. Reliable data as to what is market for key contracting terms will become readily available as utility models, powered by large data sets and AI, become prevalent. See Post 225 (“Can contract analysis operate like a utility?”).
  2. Companies will look to remove friction from their businesses by aligning their contract terms (and negotiating practices) with market, with some companies offering better-than-market terms in an effort to achieve competitive advantage. See Post 211 (“Competition based on better commercial contract terms”).
  3. Moving to market terms will lead to contract standardization, less contract complexity, and significant returns to the companies that adopt this approach, benefitting the economy as a whole.  See Post 228 (“The cost of contract complexity”); Post 236 (“Case study: impact of AI and Big Data on low-risk contract negotiations”); Post 292 (“The emergence of data-driven contracting: notes from the field”).

The critical foundation for this evolution is that all parties to a negotiation have reasonable access to information regarding what constitutes market.  (For a discussion of the problems associated with information asymmetry, see the works of Joseph Stiglitz.)
Continue Reading What is “market” for limitation of vendor liability? A look at the data (322)


An effort to close the communication gap between legal technologists and the lawyers and called legal professionals they serve.


This post is for lawyers and allied legal professionals who are not legal technologists but want to understand some of the basic principles of constructing and operating an effective litigation management system.

The development of legal profession software —more specifically the forging of sophisticated litigation matter management systems, has been one of my core vocational functions for a period of time far longer than I wish to admit.  See Post 108 (discussing my initiation to legal in the legal department of Bristol-Myers Squibb).   It is particularly important to master and adopt advanced software of this nature when attempting to manage some of the more expansive civil litigation issues of our time (e.g., Roundup, Juul)
Continue Reading Best practices for effective litigation tracking systems (316)


An early example of where things are headed.


In Post 228, Paula Doyle, Chief Legal Innovation Officer at the World Commerce and Contracting Association (WorldCC), made the claim that inefficiencies in the current commercial contracting process likely cost the global economy more than $1 trillion annually. We reach this figure by adding up the massive second-order effects caused by excessive contract complexity and poor process:
Continue Reading Case study: impact of AI and Big Data on low-risk contract negotiations (236)


Position isn’t destiny — especially times of turmoil.  Eight charts illustrate the true extent of volatility underlying apparent stagnation in legal markets and give an advance peek at the state of play for 2021.

This post is the third in a 5-part series, #GreatExpectations for the #GreatReset.  The aim of this series is to provide a shared foundation of fact and data to help envision the market dislocations likely to occur in the current economic downturn and recovery.
Continue Reading #GreatExpectations, Part III: As the Mighty Fall, New Challengers Rise (218)

Photo by Galina N via Unsplash

Before we peer into the 🔮 crystal ball to forecast what awaits legal markets in a post-pandemic future, we first look back to the past for lessons from the last downturn – with a wider lens to better understand how the world around our industry is changing.

Now is the winter of our discontent: the worst (😧!) year (🤮!) EVER (😣!!) is finally in the rearview mirror.  Although the first stretch of the new year presages some grim days ahead, I’m doing my best to look to 2021 and beyond with hope and optimism.
Continue Reading #GreatExpectations for the #GreatReset, Part I: a Recession Retrospective and a Post-Pandemic Reckoning (216)


How legal services will be evaluated in 2021 and beyond


NewLaw is not what you think it is.  It is not a label to be applied only to new companies with trendy names.  It is a business model that any legal services provider can, in theory, adopt.  Cf. Post 055 (discussing clear evidence that “legal operations is a discipline” for buyers and sellers of legal services and thus not just a role within a legal department). But, while new companies built for it, others have to overcome how they created themselves in the first place.
Continue Reading Metrics of the NewLaw Model (206)