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 emerging role in legal tech companies that ties together sales, marketing, and customer success.


At Legal Evolution, we often return to the above “five stages of evolution” graphic as a reminder that the legal industry has entered a period of profound tumult and uncertainty.

The tumult is driven by the cost, quality, and service delivery advantages of systematized & packaged legal solutions, which has set off a gold rush in legal tech. See Post 255 (Zach Abramowitz tracking legal tech investment).  The uncertainty is driven by the need for new business models combined with the lack of established, sales channels that enable end-users to buy with confidence.  Cf Post 279 (Jae Um observing that legal vertical is composed of multiple markets that are both fluid and segmented in nonobvious ways).

Well, what about solutions—is anything on the horizon?
Continue Reading How Chief Revenue Officers are making legal tech better (284)


An honest and candid assessment of corporate legal, circa 2021


Several months ago, before we had even completed our first year of operations, Bill invited us to write a legal market year-in-review.  His reasoning was simple—our business model entails a lot of listening.  Over the past twelve months, we heard the hopes, dreams, and fears of 240 law firms and 327 law departments (corporate legal) spread over 2,600 meetings.

Perhaps you’re anticipating a conversation about what’s hot in Legal Tech and NewLaw.  And back when we accepted Bill’s invitation, that seemed like a logical direction.  Yet, much to our own surprise, we find ourselves writing a year-in-review essay that focuses on the primacy of culture and cultural adaption.
Continue Reading LexFusion’s Legal Market Year in Review (280)


Putting complex and often intimidating topics into context.


Chapter 8, Technology

No discussion on contracting process improvements is complete without focusing on technology. Scarcely a day goes by without an article, blog, or webinar on legal technology and, more specifically, about artificial intelligence (AI). There are many conferences and webinars about contract management systems—on selecting them, on what to use them for, how to derive greatest benefit, etc. Usually, those educational programs are provided or delivered by the contract management systems providers.

Technology is always at the core of any discussion about innovation, for example, but I maintain it should not be. Before any conversation about technology takes place, there should be an assessment of the current state of the people and processes involved in contracting, which is why this chapter follows my previous chapters on People and Process. Only after a thorough review takes place, and there is agreement within the organization that the right people are doing the right steps in the best order, should a discussion about technology begin.
Continue Reading CLM Simplified Part IV: Technology, Metrics & Data, and Outsourcing (272)


The hard work that comes before any discussion of technology


Chapter 5, Playbooks

The need for creating playbooks for templated contracts is a subject of much discussion. This is because playbooks are one of the ways in which contracting is simplified. But they can take many forms. Luckily, distinguishing and differentiating between the necessary types of playbooks is possible without creating too much complexity. Not only are they used to create standardization across a law department, but they also empower the business.

Playbooks educate, create consistency, and are an absolute requirement for any type of outsourcing contract review. I submit for your consideration that there are two basic types of playbooks: The Law Department Playbook and the Empowerment Guide.
Continue Reading CLM Simplified Part III: Playbooks, People, and Process (271)

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“Contracts are the lifeline of the company, so it’s no wonder it is an ongoing cycle.”


Chapter 2, What is CLM?

The term contract lifecycle management (CLM) is a hotly discussed topic in legal operations and legal technology circles. It is important to dissect the concept and understand what precisely I am referring to, especially in trying to tackle and improve the contracting lifecycle.
Continue Reading CLM Simplified Part II: What is CLM?, Legal Policy Review, Templates (270)


“This book is designed specifically for legal teams to become the lean, mean contracting machines that the business needs.” p 12.


[Editor’s note:  This is a four-part series that excerpts Lucy Bassli’s new book, CLM Simplified. Part I is Bassli’s full Introduction.  Part II excerpts What is CLM?, Legal Policy Review, and Templates (Ch 2-4). Part III excerpts Playbooks, People, and Process (Ch 5-7). Part IV excerpts Technology, Metrics & Data, and Outsourcing (Ch 8-10).
Continue Reading CLM Simplified Part I: Introduction (269)


Trading ego for effectiveness, friendship, and purpose.


Joe Borstein and Paul Stroka asked me to get naked with them. I said yes. Then Bill asked me to write about it. So here we are.

Now that you’re hooked by the clickbait headline and the tease, we must, naturally, commence with an anecdotal aside before I explain why the platitudinous “our customers are our business” is especially true for LexFusion, why “everyone talks to us because everyone talks to us,” and what these say about the evolution of the  broader legal innovation ecosystem.
Continue Reading Getting naked with colleagues and clients (267)


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)