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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

New Scholarship: Alan White on Rewriting Contracts

Posted on January 20, 2009
My colleague, Alan White, has a new greatest SSRN hit. Yes, for those of you who thought he couldn't top Behavior and Contract, Literacy and Contract, The Case for Banning Subprime Mortgages, or Risk-Based Mortgage Pricing, think again! His new...

Flight Delays Could Lead to Suit for Breach of Contract

Posted on January 19, 2009
This from the WSJ: Passengers may be able to sue airlines for breach of contract if flights are delayed too long on the tarmac, according to rules proposed by the Department of Transportation. The agency published details last month on...

Business Associations Limerick of the Week: Rosenfeld v. Fairchild Engine

Posted on January 19, 2009
The issue in Rosenfeld is whether a corporation must pay for expenses incurred in connection with a proxy fight when the insurgent group wins the proxy fight and gains control of the leadership positions in the corporation. The general rule...

Environmentalism Through Breach of Contact

Posted on January 13, 2009
Over at Concurring Opinions, fellow contracts prof and fellow Sidley & Austin alum, Nate Oman (pictured) [at this point we exchange the secret S&A signal of recognition across cyberspace], has an interesting commentary on a Washington Post news story about...

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Business Associations Limerick of the Week: Waltuch

Posted on January 13, 2009
This case arose in the aftermath of a set of lawsuits against Waltuch which related to his speculative trades in silver while a vice president at Conticommodity Services,Inc. The silver market collapsed in 1980, and Conticommodity's clients sued Waltuch and...

Is Law Her Strong Suit or Is She Bluffing?

Posted on January 12, 2009
In what appears to be an exclusive, FlopTurnRiver.com reports that Full Tilt Poker has filed a motion to dismiss a law suit brought in November by former Full Tilt employee and professional poker player, Clonie Gowan (pictured, sporting Full Tilt...

Dow Chemical v. Kuwait's Petrochemical Industries Company

Posted on January 12, 2009
As reported in the Times of London, Dow Chemical is seeking up to $2.5 billion in a suit filed against the government of Kuwait for breach of contract. Dow claims entitlement to the damages after Kuwait pulled out of a...

Stephen Colbert's Misconceptions about Contracts

Posted on January 09, 2009
Stephen Colbert (pictured before he discovered that he is a Winter) has done the world of contracts a tremendous favor by mentioning contracts on his television show, The Colbert Report, which is fast becoming America's favorite source for fake news....

Minnesota Bridge Collapse Victims Sue Consultant and Contractor for Breach of Contract

Posted on January 08, 2009
A bridge collapse sounds like an foray into tort law. And the attorneys for victims of the Interstate 35W bridge collapse in Minneapolis are suing two private companies (a consultant who anlyzed the bridge and the contractor) for negligence. But...

Business Associations Limerick of the Week: Deutschman v. Beneficial Corp.

Posted on January 06, 2009
There's not really much reason to teach this case, except that it helps students learn the difference between a put and a call and that options are securities for 10b-5 purposes. If you have troubles remembering the difference between put...

Reminder: Annual Meeting Panel

Posted on January 05, 2009
For those of you attending this week's AALS annual meeting, please remember the Contracts Section's program Friday, January 9, 2009, at 8:30 am in Marina Salon G, South Tower/Level 3, San Diego Marriott Hotel & Marina. The program features a...

Interesting At-Will Employment Case from West Virginia

Posted on January 05, 2009
As reported in the West Virginia Record, Williamson Memorial Hospital hired Crystal Hatfield in 2005 as a benefits and special projects coordinator. Her wage -- $14/hour -- angered other employees who had not applied for the position because they were...

GM Seeks In-Kind Damages in Suit v. Cadence Innovation LLC

Posted on January 02, 2009
Last year, Cadence Innovation LLC and General Motors entered into a contract under which Cadence would provide parts necessary for certain GM cars. AsThe Detroit Free Press reported last week, Cadence filed for bankruptcy in August 2008 and is now...

Time-Warner Caves in Negotiations with Spongebob, Dora

Posted on January 01, 2009
At left, we have SpongeBob, a Nickelodeon character shown in the process of eating Manhattan. Those of you with children may have noticed an annoying scroll covering up SpongeBob's stick legs during yesterday's broadcast. Those of you who get your...

Contracts Issues in the Canadian Television Series "Slings and Arrows"

Posted on December 31, 2008
Here is a wholly inadequate trailer for the brilliant Canadian series, "Slings and Arrows." I cannot begin to tell you how tremendous this series is. Let me put it this way. Today is December 31st. If you are sitting there...

Business Associations Limerick of the Week: Santa Fe Industries

Posted on December 30, 2008
Santa Fe Industries owned 95% of the stock of the Kirby Lumber Corp. This put Santa Fe over the relevant threshold under Delaware law and thus permitted Santa Fe to avail itself of Delaware's short-form merger statute. Santa Fe offered...

Contracts Limerick of the Week: Transatlantic Financing

Posted on December 29, 2008
You may think that the one-week drought in Limericks was a product of the winter holidays, and you might be right. Or it might be an attempt to build up the tension before the following: my last Contracts Limerick!!! Well,...

Two Takes on High-Risk Borrowing ...

Posted on December 23, 2008
... one whimsical and seasonal; the other thoughtful and timely. This, from Sunday's Las Vegas Review-Journal: And, from NYU's Oren Bar-Gill, The Law, Economics and Psychology of Subprime Mortgage Contracts: Over 4 million subprime loans were originated in 2006, bringing...

Ho-Ho-Huh?

Posted on December 23, 2008
One of my former research assistants sent me this card two or three years ago.

Your Chance to Pre-Screen Two Coming Features

Posted on December 19, 2008
The forthcoming December 2008 issue of the New York University Law Review features not one, but two scintillating-looking articles of interest to contracts scholars and teachers. In Efficient Breach Theory Through the Looking Glass, 83 NYU L. Rev. 1679 (2008),...

Now in Print

Posted on December 19, 2008
Caleb J. Bartel, Professional Compensation in Bankruptcy: Using Contract Law Principles to Interpret Ambiguous Retention Orders, 9 Transactions 149 (2007). M. H. Sam Jacobson, A Checklist for Drafting Good Contracts, 5 J. Ass'n Legal Writing Directors 79 (2008)...

Business Associations Limerick of the Week: Basic Inc.

Posted on December 16, 2008
It is grading period, which leaves me with little time for posting. Basic, Inc. v. Levinson does not have Limerickworthy facts, but it is too important a case to ignore, as it gives Supreme Court approval to the fraud-on-the-market theory,...

Dick Speidel Tribute at AALS Annual Meeting

Posted on December 15, 2008
From our friend Mike Kelly at the University of San Diego: Northwestern University School of Law and the University of San Diego School of Law are hosting a reception honoring the career of Richard Speidel, who passed away this past...

Terri Hatcher Is a Woman of the Highest Integrity

Posted on December 15, 2008
All Headline News reports that last year, cosmetics maker Hydroderm accused Terri Hatcher (pictured) of endorsing other products while under contract to endorse its anti-aging products exclusively. One would have to wonder about a person who would have to endorse,...

Contracts Limerick of the Week: Clark v. West

Posted on December 15, 2008
William Clark had a great reputation as a prolific legal scholar. In 1899, he was hired to teach law at Washington & Lee University. According to Washington & Lee's website, he was fired within weeks and demanded to know the...

Contracts Panel at AALS Annual Meeting

Posted on December 13, 2008
Please plan to attend the Contracts Section's program and business meeting at the AALS Annual Meeting in sunny San Diego. The topic for this year's panel is "Immutable Rules and Contract Law." Chosen from among those who the planning committee...

AALS Workshop on Transactional Law

Posted on December 13, 2008
You may want to mark your calendars for next June's AALS Workshop on Transactional Law, June 10-12, in scenic Long Beach, California. If you go, keep your eyes open for flying buses and '67 Shelby GTs. (Both scenes are set...

Now in Print

Posted on December 12, 2008
Shmuel I. Becher, Assymetric Information in Consumer Contracts: The Challenge That Is Yet To Be Met, 45 Am. Bus. L.J. 723 (2008). Aaron-Andrew P. Bruhl, The Unconscionability Game: Strategic Judging and the Evolution of Federal Arbitration Law, 83 N.Y...

Six Degrees of Judith Regan

Posted on December 11, 2008
Kevin Bacon (pictured), step aside. There is a new parlor game in town, thanks to the continuing adventures of Judith Regan, formerly a HarperCollins publisher with her own imprint, the eponymous ReganBooks. Here's how you play the game: one player...

Alex Kuczynski Is Not the Poster-Mom for Surrogacy

Posted on December 11, 2008
My heart sank when I saw Alex Kuczynski's article, Her Body, My Baby, in the New York Times Magazine on her experience as the beneficiary of the services of a surrogate mother. I have a child because of the wonders...

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