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The Devil’s Advocate
Notes on the absurdity of office life.
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For the legal eagles
Common legal agreements, examined.
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For malcontents
Miscellany. And eggs.
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The Devil’s Advocate: A growing body of misinformed nonsense — systems analysis, behavioural economics, deisng principles and so on — about how we should practice law, but generally don’t.
Anatomies: Clause-by-clause Anatomy and nutshell guides (see left) to ISDA and other master trading agreements. These may be incomplete, out of date, unfashionable, flippant — well, they are flippant — but, being free, are still better value than that awful FT book about derivatives;
Book reviews culled from twenty indolent years sounding off on Amazon;
Much flippancy about plain English, buzzwords, technology, negotiation, flannel, Latin, Greek, metaphor and eggs.
And Toto.
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Force Majeure under an ISDA Master Agreement: What to do when the universe conspires against us.
Automatic Early Termination: ISDA’s crack drafting squad™’s “clever” end-run for silly insolvency regimes. What’s that all about?
Independent Amount: It’s collateral that’s mouthy.
Market Disruption Event: What to do if the world goes to hell in a hand-basket?
Minimum Transfer Amount: How much can I go out of the money before I have to pony up variation margin?
NAV triggers: Broker walk-away rights referencing net asset value
Potential Event of Default: Is this just talent scouts scouring the minor leagues for future catastrophes or what?
How to close out an ISDA: Eesh — has it come to that
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“Does Kilimanjaro rise above the Serengeti?” The question every Toto fan wants answered. (Spoiler: No.)
“Tell me about Fardell v Potts”: A. P. Herbert’s famous fictional case of the reasonable woman. Is there such a thing? (Spoiler: in the eyes of the law, No.)
“Tell me about Miller v Jackson”: Is cricket capable of being a nuisance? (Spoiler: it’s controversial. But, in the eyes of the law, yes.)
“I’m not going to die in a ditch about it”: When to use that greatest of all negotiation climb-downs.
“teldar paper” Must be some old-school Oliver Stone fans out there. Greed is, for lack of a better word ...?
“Notwithstanding anything to the contrary”: But, why did you say something to the contrary?
“Does Kilimanjaro rise like Olympus above the Serengeti?” More Toto fan correspondence action.
“Is Mt. Olympus anywhere near the Serengeti?” Okay, Mr. Lukather, that’s enough now. It was funny the first time.
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