July 21, 2023 | New York Law Journal
Generative AI and Contracts: Words Are Hard; Numbers Can HelpAs a lawyer in legal tech who thinks about contracts for a living, and as one who has made his fair share of drafting mistakes, I've watched in awe as the legal industry moves ahead with plans to use generative AI such as ChatGPT to improve the contract drafting process. I'm also a bit skeptical.
By Lawrence Hsieh
5 minute read
April 14, 2022 | New York Law Journal
Reform Bail Reform by Rightsizing Substantive Criminal LawPaired with bail policies that make all violent crimes bail eligible, reforming substantive criminal law to rightsize the scope of felonious assaults may help to alleviate these concerns by making dangerousness standards superfluous.
By Lawrence Hsieh
4 minute read
April 02, 2015 | New York Law Journal
Economic Analysis of Financial RegulationLawrence Hsieh writes: Politicians like to focus on numbers, as well as on the administrative cost of compliance, when they talk about overregulation. But of equal importance is the hidden cost of regulation, which manifests itself in the form of unintended consequences arising from misdirected incentives, and wholesale "de-risking" by regulated institutions to avoid the cost of compliance, which drives business to unregulated entities.
By Lawrence Hsieh
6 minute read
April 01, 2015 | New York Law Journal
Economic Analysis of Financial RegulationLawrence Hsieh writes: Politicians like to focus on numbers, as well as on the administrative cost of compliance, when they talk about overregulation. But of equal importance is the hidden cost of regulation, which manifests itself in the form of unintended consequences arising from misdirected incentives, and wholesale "de-risking" by regulated institutions to avoid the cost of compliance, which drives business to unregulated entities.
By Lawrence Hsieh
6 minute read
March 14, 2013 | New York Law Journal
Due Diligence of Supply Chain Contracts in M&AIn his Contract Drafting column, Lawrence Hsieh, an attorney and editor at the Practical Law Company, reviews some of the threshold contract disposition issues, including the types of business combinations, and indemnification and limitation of liability provisions.
By Lawrence Hsieh
10 minute read
September 13, 2012 | New York Law Journal
Equipment Leasing: Basic Contract Drafting IssuesIn his Contract Drafting column, Lawrence Hsieh, an attorney at the Practical Law Company, writes: If you're a junior associate, chances are you'll soon be summoned on a Friday afternoon to work on a business combination that has to close on Monday. If you're a bit lost, you can at least take comfort knowing that there are good resources you can access to learn about how deals are structured.
By Lawrence Hsieh
10 minute read
March 08, 2012 | New York Law Journal
Drafting Waiver of Consequential DamagesLawrence Hsieh, an attorney and editor at the Practical Law Company, discusses the scope of consequential damages, its place in the panoply of contract damages, and ways typical drafting may not reflect the actual intention of the parties had they fully understood the differences between the categories of damages.
By Lawrence Hsieh
11 minute read
November 10, 2011 | New York Law Journal
Full Disclosure 10b-5 RepresentationLawrence Hsieh, a corporate attorney and an editor at the Practical Law Company in New York, discusses the full disclosure representation in cash-financed acquisitions of privately held companies; its interaction with Rule 10b-5, the general anti-fraud regulation promulgated under the Securities Exchange Act of 1934, on which it is based; and a seller's possible responses to a buyer's inclusion of this representation.
By Lawrence Hsieh
9 minute read
June 14, 2012 | New York Law Journal
Drafting 'No Third-Party Beneficiaries' ProvisionsIn his Contract Drafting column, Lawrence Hsieh, a corporate attorney and an editor at the Practical Law Company, discusses some of the common scenarios that require moderations to a provision that prevents non-parties from benefitting from or directly enforcing the contract: when the right of an indemnified non-party to enforce indemnification obligations must be included, the need to permit a target of a stock purchase agreement to enforce that agreement on behalf of its shareholders, and when a target company's employees must be excluded from third-party beneficiary status.
By Lawrence Hsieh
9 minute read
December 13, 2012 | New York Law Journal
Compensation Issues in Sales Representative AgreementsLawrence Hsieh, an attorney editor at the Practical Law Company, discusses issues to keep in mind when drafting or reviewing agreements with independent contractor sales representatives, including the balance of fixed fee and contingent commission compensation, when variable commissions might be wanted, when commissions are deemed earned, and the right to commission after the end of the agreement.
By Lawrence Hsieh
9 minute read