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Corporate & Securities Law

ContractsProf Blog

Contract law resources, information, and news for the academic community.

Post Frequency: 8.1/day

Last Entry: April 01, 2011 at 16:53:52

Jane Austen on Contracts to Dance

Posted on February 01, 2010
Thus the dashing Mr. Tilney addresses Catherine Morland, heroine of Northanger Abbey, upon discovering her in conversation with the odious Mr. Thorpe at the commencement of a dance:That gentleman would have put me out of patience, had he staid with...

UK Court Decides Landmark Information Technologies Case

Posted on February 01, 2010
London's Technology and Construction Court last week ruled in British Sky Broadcasting v. Electronic Data Systems, as reported here. Electronic Data Systems (EDS) and Sky Broadcasting (Sky) agreed in 2000 that EDS would provide Sky a customer management system...

Mixed policy signals in the online world

Posted on January 31, 2010
American courts and legislatures rely on notions of public policy to override the wishes of contracting parties, refusing to enforce contracts (or parts of contracts) which they deem to be contrary to important public interests. They also often adopt policies...

Do you know the Muffin Man?

Posted on January 29, 2010
Suppose you had a secret recipe that had made your company the dominant firm in your field for more than 125 years. And suppose there were only ten people on earth who knew the secret recipe, all of whom learned...

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A Whopper of a Franchise Dispute

Posted on January 29, 2010
Is it possible for food to be too cheap? For example, Burger King has a ?value menu,? which includes a double cheeseburger for 99 cents. Even if economies of scale purports to explain how Burger King can still profit while...

Don't try to navigate � 2-207 without it

Posted on January 29, 2010
In the mail today, the brand-new 6th edition of the Uniform Commercial Codehornbook by Jim White and Bob Summers. It's the first update since 2000 of the classic text that has been helping law students work through the maze of...

Moringiello on virtual worlds

Posted on January 29, 2010
In the mail today, a hard copy of Juliet Moringiello's article What Virtual Worlds Can Do for Property Law, out in the January issue of the Florida Law Review, 62 Fla. L. Rev. 159 (2010). Here's the abstract: Virtual worlds...

Breach of Contract Costs Kid a Chance to Be a Contender

Posted on January 28, 2010
According to this story in the Los Angeles Times (and about a zillion other websites), Michael Lynche has been cut from the top 24 contestants of this year's version of American Idol. The ground for his dismissal is breach of...

Weekly Top Ten from the Social Science Research Network

Posted on January 26, 2010
This list is being brought to you a day early, because I will be traveling tomorrow and unable to post. Note that the list has been decapitated. With Eric Posner falling victim to the 60-day limit, Alan Schwartz and Robert...

Gilbert Arenas' Contract in Doubt

Posted on January 25, 2010
A New York Times story published last week provides all sorts of interesting details about the negotiations of basketball star Gilbert Arenas' contract with the Washington Wizards. Arenas has been in the news a lot lately. He brought some guns...

Tiger Woods' Amicable Separation -- From His Sponsors

Posted on January 21, 2010
We have posted before about rumors that Tiger Woods is negotiating with his wife so that she will stay in the marriage. Well, it seems that he has chosen not to take the same approach with his corporate sponsors. The...

Weekly Top Ten from the Social Science Research Network

Posted on January 20, 2010
Eric Posner has built a commanding lead! RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law November 20, 2009 to January 19, 2010 RankDownloadsPaper Title1263ProCD v. Zeidenberg and...

Hadley v. Baxandale in the News

Posted on January 20, 2010
National Football Post is not the place one looks in the hopes of finding a reference to Hadley v. Baxandale, but the case figures prominently in this report on the Washington Redskins' new head coach, Mike Shanahan. The article assumes...

Conan Has Nothing but Regrets -- Oh, and $40 Million

Posted on January 19, 2010
According to the Wall Street Journal, NBC and Conan O'Brien will soon finalize an agreement that terminates his short stint on The Tonight Show in return for $40 million, the right to baffle his audience on a different network and...

Empire Resorts and Former CEO at Odds

Posted on January 19, 2010
In the immortal words of Milhouse Van Houten, "How could this have happened? [They] started out like Romeo and Juliet, but it ended in tragedy." So it was wth Empire Resorts and its now-former CEO, Joseph Bernstein. As the Wall...

The Market for Law Associates: Doing the Math

Posted on January 18, 2010
For some reason, an article about the BigLaw slump that is making for a very challenging environment for recent law graduates turned up in the Sunday New York Times Fashion and Style section. "No Longer Their Gold Ticket" describes the...

Supreme Court to Hear Unconscionability Challenge to Arbitration Clause

Posted on January 18, 2010
As the ever-reliable SCOTUSblog reports, on Friday, the U.S. Supreme Court announced that it would review Rent-A-Center West, Inc. v. Jackson, a case decided by the Ninth Circuit last September. The NInth Circuit opinion is available here. In the case,...

Top Ten Conan Replacements

Posted on January 15, 2010
Conan is gone! Long live Conan! IMHO, Jay Leno is now damaged goods, especially with the younger, hipper crowd who can't think of anything better to do than watch network news and then The Tonight Show. Since Top Ten lists...

End of the Line for Dan Rather

Posted on January 14, 2010
We have posted before on Dan Rather losing his suit against CBS, but now New York's Court of Appeals has rejected Rather's appeal, and even he now seems to recognize that his $70 million suit against the network that employed...

Weekly Top Ten

Posted on January 13, 2010
Lots of movement and lots of big names made the list this week. RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law November 14, 2009 to January 13,...

Conan the Contractarian?

Posted on January 13, 2010
Yesterday's New York Times reported that Conan O'Brien is being courted by the Fox Network. Apparently Jay Leno's prime time talk show was not the hit NBC was hoping for, so they are carting his chin back to Jay's old...

Weekly Top Ten in Contracts Scholarship

Smart Money Backs Fired Texas Tech Coach in Case of Suit Against His Former Employer

Posted on January 12, 2010
Readers of this blog probably mostly associate Texas Tech with its University Press, which has brought forth some of the best formal poetry of the early 21st century. Apparently, the school also has a sports program. An Associated Press report...

Wesleyan Sues Former Chief Investment Officer

Posted on January 12, 2010
According to Business Week, Wesleyan University is suing its former Chief Investment officer, Thomas Kannam, for fraud and breach of contract. Kannam allegedly formed his own hedge funds while working for Wesleyan. According to the Business Week report, Wesleyan is...

Now in Print

Posted on January 06, 2010
Rick Bigwood, "Threats" versus "Warnings," [2009] N.Z. L.J. 385 (discussing economic duress). Deanna N. Conn, When Contract Should Preempt Tort Remedies: Limits on Vicarious Liability for Acts of Independent Contractors, 15 Fordham J. Corp. & Fin. L. 179 (2009)...

Weekly Top Ten in Contracts Scholarship

Posted on January 06, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law November 7, 2009 to January 6, 2010 RankDownloadsPaper Title1173ProCD v. Zeidenberg and Cognitive Overload in Contractual Bargaining Eric A...

Contracts Rights and First Amendment Rights

Posted on January 04, 2010
We have had occasion to muse on this topic before, in the context of Valerie Plame Wilson's suit, seeking a court order that would have permitted her to disclose in her autobiography certain facts already in the public record relating...

New Jersey Courts Eschews Solomonic Opinion

Posted on January 01, 2010
Last month, we reported on a New York Times article about all the legal issues surrounding technologically assisted reproduction. Yesterday, the Times checked in with an update about one of the situations discussed. As we summarized last time, The other...

New Year's Greetings from the ContractsProfs

Posted on December 31, 2009
On behalf of my fellow bloggers, I wish our readers a happy and healthy 2010. May all your dealings be mutually beneficial. May all your terms be clear and unambiguous, and May all your odious contractual obligations be avoidable. [Jeremy...

Contract Dispute in My Local Paper

Posted on December 31, 2009
I knew my subscription to the local paper would pay off at some point. Today's edition of the Post Tribune includes an account of what looks like an interesting contracts dispute. There are some ambiguities in the report, but making...

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