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Corporate & Securities Law

ContractsProf Blog

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

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

Contracts Limerick of the Week: Oliver v. Campbell

Posted on September 29, 2008
Attorney Oliver agreed to represent Dr. Roy Campbell for a stated fee of $750. Okay, it was the 1950s, but even then $750 was a bit low for divorce proceedings that led to a 29-day trial. Things went pretty well...

International Cycling Union and The Grand Tours Reach Accord

Posted on September 29, 2008
You may have noticed that this year's Tour de France was missing something. Like, for example, all of the top riders. However, ESPN reports that the International Cycling Union (UCI) and the organizers of the most famous cycling races, the...

Now in Print

Posted on September 26, 2008
- Stephen D. Dunn, The Next Reform: The State of Contractual Freedom in China, 9 Austl. J. Asian L. 289-306 (2007). - Norman Otto Stockmeyer, To Err is Human, To Moo Bovine: The Rose of Aberlone Story, 24 T.M. Cooley...

NY Appellate Court: End User Has No Case Against Manufacturer

Posted on September 26, 2008
Here's the summary of a recent case out of New York's Second Department involving claims by an end user (grocery store operator) against the manufacturer of cash register software: On this appeal, we are asked to consider whether a dissatisfied...

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Bix on Consent

Posted on September 26, 2008
Contracts are usually said to be different from things like crimes and torts in that they impose duties based on the consent of the party. We're all bound by duties of tort law whether we choose to be or not,...

If You Can Put a Man on the Moon . . .

Posted on September 26, 2008
. . . settling a dispute over a government contract ought to be easy, right? Maybe, maybe not. The two contractors fighting over NASA's proposed Constellation moon-rocket project have apparently called a "weeklong truce" in their battle. United Space Alliance,...

Letterman Resorts to Self Help

Posted on September 26, 2008
On Wednesday, John McCain announced that he was suspending his Presidential campaign so that he can help fix the current financial crisis. As a result, he had to back out of his promised appearance on the "Late Show with David...

Lehman Multi-Lender Contracts Under Scrutiny

Posted on September 25, 2008
The bankruptcy of Lehman Brothers has caused shockwaves around the world, and those who participated in multi-lender deals the venerable investment banking house are looking anxiously at their contracts to find out just what they?re facing. Lawyers Merritt Pardini, Timothy...

Help Wanted

Posted on September 25, 2008
Penn State?s Dickinson School of Law is looking for "distinguished scholars" or "entry-level candidates of exceptional promise" in various areas, including contracts and commercial law. The school is on a $120 million kick to build up it?s law school facilities...

Better Resolution for Insurance Disputes?

Posted on September 25, 2008
When an insurance company wrongly denies your claim, or gives you less than you ought to get, you have an arsenal of legal weapons available to you. Fact is, though, that most of these weapons are unrealistic for ordinary people,...

After Ten Years, They're Apparently Fed Up

Posted on September 24, 2008
Some contract disputes are simple. Some aren't. The $100 million breach-of-contract dispute between American Skiing Co. and Wolf Mountain Resorts over Park City's The Canyons resort is apparently one of the latter. Asked what the litigation is about, a lawyer...

You Can Lead a Kid to Farnsworth, But You Can't Make Him Think

Posted on September 24, 2008
There seems to be a gulf, says Suffolk?s Jeff Lipshaw, between practicing lawyers and the professors who taught them. There is another gulf between the practicing lawyers and their clients. In a new "thought piece," Law's Illusion: Scientific Jurisprudence and...

Update: Dan Rather's Breach of Contract Action

Posted on September 24, 2008
We've mentioned before that Dan Rather has sued CBS for breach of contract. Here's an update from the Austin Business Journal: A New York judge ruled Monday that former CBS anchor and longtime newsman Dan Rather can proceed with a...

The Blog Post to Nowhere: Political Economy and the Convenience of Contract

Posted on September 24, 2008
You may have heard, Governor Sarah Palin said "thanks but no thanks" to the "bridge to nowhere" in Ketchikan, Alaska. Well, our fourth branch of government, CNN, has uncovered that Gov. Palin did, however, say "yes" to a "road to...

Stop Eating My Intellectual Property!

Posted on September 24, 2008
Talk about sour grapes! According to this report on Serious Eats, and this one on The Presurfer, some fruit now comes with an end-user license agreement, which reads as follows: The recipient of the produce contained in this package agrees...

Law v. Social Pressure in Medieval Business

Posted on September 23, 2008
How do societies develop methods of enforcing commercial dealings? That?s a subject that both economists and historians have investigated over the years. They've paid particular attention to the "Maghribi," Jewish traders in the Islamic Mediterranean of the Middle Ages...

No, Really, It Has Nothing to Do With the Market Downturn

Posted on September 23, 2008
A Russian hedge fund manager is suing the redeveloper of New York's Plaza Hotel, claiming that the $53.5 million penthouses he bought in reliance on computer modeling are unsatisfactory and "attic-like." Andrei Vavilov plunked down $10 million as a down...

Business Associations Limerick of the Week: Brehm v. Eisner

Posted on September 23, 2008
Michael Eisner, Disney's CEO for 20 years, hired his friend, the celebrated Hollywood agent, Michael Ovitz, to be Disney's President. The hire was a disaster from the start. I don't think it was really Ovitz's fault. I blame Eisner. Eisner's...

Joy at Frank's Return

Posted on September 22, 2008
Regulars to this blog will notice the return of a number of familiar by-lines. You will be seeing a lot more of Keith and Miriam. And I am especially delighted to have Frank back posting regularly on this blog. Frank...

There's NO Crying in Blogging!

Posted on September 22, 2008
As you'll see from today's posts, its good to have our faithful blog editor Frank Snyder "back in the saddle." (His words, and not my own cheap reference to his ill-fated altercation with a quarter horse named Moses). Among other...

Weekly Top 10

Posted on September 22, 2008
After a lengthy hiatus and with a semester still fairly new, here are the top ten most-downloaded new papers from the SSRN Journal of Contract and Commercial Law for the 60 days ending September 21, 2008. 1 Freedom of Contract,...

WNE Law Expands

Posted on September 22, 2008
Congrats to Western New England College's School of Law, which last week unveiled a new $5.5 million addition to the school's S. Prestley Blake Law Center. It marks a major expansion to the Springfield, Mass. campus. From the release: The...

Contracts Limerick of the Week: Colonial Dodge

Posted on September 19, 2008
The Millers bought a Dodge station wagon from Colonial Dodge and then realized that it was missing a spare tire. Apparently a strike at the tire manufacturer made it impossible to provide a spare, but the dealer promised to supply...

New Scholarship: Bullshit Promises

Posted on September 18, 2008
I promised Curtis Bridgeman (pictured) and Karen Sandrik that I would discuss their new essay "Bullshit Promises" on this blog, so long as I had the time and it wasn't too inconvenient. But now, I don't really feel like going...

Dispute Between New York Public Library and Photographer over Theater Archive

Posted on September 17, 2008
Here's a challenging fact pattern, but it is not from an exam. It's from Saturday's New York Times : Leo Friedman and Joseph Abeles formed a partnership, the Friedman-Abeles studio, that specialized in pictures of broadway musicals. Abeles was a...

SDNY Dismisses Action against Iraq based on Impossibility under Article 79 of CISG

Posted on September 17, 2008
Prior to the commencement of United States-led war in Iraq, Hilaturas Miel S.L. (?Hilaturas?) entered into a contract to supply the Republic of Iraq with yarn under the U.N. Oil For Food Program. The Southern District of New York (Sweet,...

The NFL Player Formerly Known as Chad Johnson

Posted on September 16, 2008
Name changes are hard. I know from personal experience. True, the actual legal process of changing one's name, e.g. from David Aaron Telman to David Aaron Jeremy Telman, is actually quite easy. I paid an attorney a couple hundred bucks...

Business Associations Limerick of the Week: Kamin

Posted on September 16, 2008
As business judgment rule officianados already know, I am a proponent of Stephen Bainbridge's abstention theory of the business judgment rule (BJR). Well, sort of. Actually, I think the BJR is no longer necessary to protect directors, because they are...

Lone Star Supremes Enforce Waiver-of-Reliance Provision

Posted on September 15, 2008
The Lone Star Supremes held that a waiver-of-reliance provision precluded a party from claiming fraud in the inducement with respect to an arbitration clause. Two commercial parties settled a protracted dispute over oil and gas royalties. The settlement agreement specifically...

$40 Billion Contract with &%*$! Europeans Canceled

Posted on September 15, 2008
I used to think "Why would anybody want to fly on an air bus?" But then I learned then when you pronounce it the proper, French-inflected way, it's really not so bad. That must have been what the Pentagon was...

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