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Summary Special purpose acquisition companies (“SPACs”), it seems, are everywhere.  SPACs have been around for decades, but use of a SPAC to take a company public without a traditional initial public offering (“IPO”) has recently exploded in popularity, especially in the first few months of 2021. One driver of the popularity of SPACs is the perception that they have lower liability risks than a traditional IPO.  But a closer look at SPAC transactions suggests that the liability risks are not as low as some believe, and SPAC sponsors and directors and officers of SPAC companies shoul...

Shares2 Picture this: A few weeks into a difficult matter, your toughest client tells you, “Well, I guess you really do know how to think like a lawyer.” You feel a momentary glow, because there’s at least a chance it’s a compliment, even if a grudging one. But then they add, “Yeah, and you write like a lawyer, too.” Ouch. You thought your writing was just fine: precise, logical and, even better, free of jargon. What’s the problem? It’s not that you write badly, but that lawyers face a tougher task than most writers ever confront. Although your subject matter can be complex an...

April 13, 2021 at 11:47 AM Shares1 Picture this: A few weeks into a difficult matter, your toughest client tells you, “ Well, I guess you really do know how to think like a lawyer.”  You feel a momentary glow, because there’s at least a chance it’s a compliment, even if a grudging one. But then they add, “Yeah, and you write like a lawyer, too.” Ouch. You thought your writing was just fine: precise, logical and, even better, free of jargon. What’s the problem? It’s not that you write badly, but that lawyers face a tougher task than most writers ever confront. Although your su...

We are in the midst of an ideological war over the language we use and the associative interactions we participate in and benefit from. America has entered into a new era of thought control. Back in the 1960s, there was a determined campaign by many conservatives to resist the free speech movement symbolically headquartered on the Berkeley campus of the University of California. Then, the idea was to respect people’s right to say what was on their minds, even when it was considered crude, rude and offensive. That many of the students involved in this effort were often radically inconsistent...