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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

Adobe Alleges Breach of a Non-Compete Agreement

Posted on December 20, 2010
As reported in the Deseret News, Adobe Systems is suing c Joshua James, the co-founder of Omniture, a company that Adobe bought in 2009. James received $80 million in the transaction, and he was also paid handsomely to stay on...

It Looks Like Santa Might Have Some Labor & Contract Issues

Posted on December 17, 2010
People for the Ethical Treatment of Elves? That's a claus I can support: Enjoy! [Meredith R. Miller]

When Silence Is Acceptance

Posted on December 17, 2010
An interesting bargain from our friends at "The Office": And then the question is whether Dwight's later conduct would constitute a breach: [JT]

The (fairly) short goodbye . . . .

Posted on December 17, 2010
Well, not "goodbye," exactly, but after six years I'm stepping aside as the point dog on the ContractsProf sled. Our esteemed limerickist (if that's a word), longtime contributor, and all-around good guy Jeremy Telman (Valparaiso) is taking over. I've enjoyed...

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Promises, Promises - Registration is Open

Posted on December 16, 2010
Jeffrey Lipshaw has assembled an impressive roster of speaker for the March 25 symposium at Suffolk: "Contract as Promise at 30: The Future of Contract Theory." He provides this synopsis of the program: In 1981, Professor Charles Fried published a...

Duty to Read: Howard Stern on How to Impress Your Wife

Posted on December 14, 2010
The big entertainment news last week: shock jock Howard Stern's announcement of a new 5-year contract with satellite radio company Sirius XM. The terms of the deal were not disclosed, but the previous 5-year deal paid Stern $100 million a...

A Smurfy Story About Ipad App Contract Formation and Capacity

Posted on December 14, 2010
From Yahoo! news: "The Smurfs' Village," a game for the iPhone and other Apple gadgets, was released a month ago and quickly became the highest-grossing application in the iTunes store. Yet it's free to download. So where does the money...

Today in History -- December 10

Posted on December 10, 2010
1041 ? Byzantine Empress Zoe, who had previously assassinated her husband Romanus III in his bath, puts her adopted son on the Imperial throne as Michael V. When he tries to have her banished, she will have him deposed, arrested,...

Government contracts, then and now

Posted on December 08, 2010
As noted in Today in HIstory, this is the birthday of Eli Whitney, who not only invented the cotton gin but perfected the method of mass production of muskets with interchangeable parts. Wikipedia has an image of one of Whitney's...

Today in History -- December 8

Posted on December 08, 2010
65 B.C. ? Future poet Quintus Horatius "Horace" Flaccus is born, the son of a freed slave at Venusia in southern Italy. Few poetic phrases will ever become as overworked as his "carpe diem." 1660 ? Margaret Hughes becomes the...

Today in History -- December 7

Posted on December 07, 2010
43 B.C. ? Republican Rome?s greatest lawyer, Marcus Tullius Cicero (left) is murdered by agents of his political rival Marc Antony. His hands and head are cut off and nailed to the rostrum of the Forum. 1295 ? Gilbert de...

Patterson on contract and antitrust in standard form contracts

Posted on December 06, 2010
If you were at the Fourth International Conference on Contracts at McGeorge two years ago, you heard Mark Patterson (Fordham) present his work-in--progress exploring the intersection between contract law and antitrust as it relates to standard form contracts...

Unifying European contract law: a contractual approach

Posted on December 05, 2010
With the euro teetering and growing talk about some countries pulling out of the European Unioin, there's still a great deal of effort going on toward standardizing contract law among the members. In a new paper, Walter Doralt of the...

Strategic Default on Second Homes

Posted on December 04, 2010
I have been closely following the discussion of strategic default in the popular press (and on comedy shows too). For anyone else who may be interested, the New York Times recently printed a column with a new variation on a...

Contracts and climate change

Posted on December 04, 2010
Elizabeth Peden (Sydney) as a new paper in the new book, In the Wilds of Climate Law, (Rosemary Lyster, ed. 2010). It?s called Contractual Perspective of Climate Change Issues and it's also available online at the previous link. Here?s the...

Reminder: AALS Contracts Section Call for Proposals

Posted on December 03, 2010
The Executive Committee of the AALS Contracts Section solicits proposals for the Section?s Annual Meeting program Navigating Lombard Street in a Fog: Seeking (or Ignoring) Landmarks of Intent and Context, scheduled for Thursday, January 6, 2011 from 2:00 to 5:00...

Wilkes v. Springside Nursing Home: Defendant Dr. Leon Riche

Posted on December 03, 2010
It was Riche whose disputes with Stanley Wilkes triggered the freeze-out in the case. Image courtesy Eric Gouvin (Western New England). FGS

News in Brief . . . . December 3, 2010

Posted on December 03, 2010
NEW YORK (N.Y.): Actress Ellen Barkin reportedly has won a bitter court battle to get $4.3 million from her billionaire ex-husband Ron Perelman, who had agreed to invest the money in her film production company. (Left: The couple in happier...

Spurlock helps bring rule of law to Mongolia

Posted on December 03, 2010
My contracts colleague at Texas Wesleyan, Joe Spurlock, has been working for a decade helping the judiciary of Mongolia make its transition from Soviet authoritarianism to a free and independent group that helps further the rule of law in the...

Robertson on offshore legal outsourcing

Posted on December 03, 2010
Cassandra Burke Robertson (Case Western) has posted a new paper, A Collaborative Model of Offshore Legal Outsourcing. It?s forthcoming in the Arizona State Law Journal. Here?s the abstract: International outsourcing has come to the legal profession. The ABA and other...

Today in History: December 3

Posted on December 03, 2010
1552 ? St. Francis Xavier, Jesuit missionary to India and the Far East, dies of a fever on Shangchuan Island, China. 1818 ? Illinois becomes the 21st U.S. state. The state will be home to four future U.S. Presidents, but...

Wilkes v. Springside Nursing Home: Plaintiff Stanley Wilkes

Posted on December 02, 2010
A high school grad with a talent for real estate, Wilkes had the vision in the early 1950s that private nursing homes would become a major industry. Image courtesty Eric Gouvin (Western New England). FGS

New York court ignores Colorado choice of law provision

Posted on December 02, 2010
New York courts will enforce contractual choice of law provisions, but only if the provision bears "a reasonable relationship to the parties or the transaction." In Sheppard Mullin Richter & Hampton LLP's recent New York Commercial Division Roundup, lawyer Sean...

News in Brief . . . .

Posted on December 02, 2010
. . . WEDNESDAY, DEC. 2, 2010 NEW YORK (N.Y.): "Rocker Courtney Love (left) is having serious issues when it comes to paying and accounting for various goods and services." BONN (Germany): "A major row has broken out between German...

Attorneys' fees clauses in contracts: America v. England

Posted on December 02, 2010
Theodore Eisenberg (Cornell) and Geoffrey Miler (NYU) have a new paper, The English vs. The American Rule on Attorneys Fees: An Empirical Study of Attorney Fee Clauses in Publicly-Held Companies' Contracts. Here?s the abstract: We study attorney fee clauses in...

Gamboling Through Gaming and Gambling

Posted on November 26, 2010
The folks at Aspen Publishing -- or Wolters Kluwer if they prefer it -- have a new title out, Gaming and Gambling Law: Cases and Materials, by Dean Kevin Washburn of New Mexico, With gambling now viewed not as a...

Contract drafting: A narrative approach

Posted on November 26, 2010
One of the new books coming out this year that we're particularly interested in seeing when it comes out in a few weeks is Basic Contract Drafting Assignment: A Narrative Approach, by Sue Payne (Northwestern), published by the fine folks...

Feldman on oral change orders

Posted on November 26, 2010
Our friend Steven Feldman, author of Government Contract Guidebook, 4th Edition and Government Contract Awards::Negotiation & Sealed Bidding knows a lot more about government contracting than we do. He takes issue with our [i.e., my] analysis of a recent California...

Today in History -- November 26

Posted on November 26, 2010
1607? Future clergyman John Harvard is born at Southwark, England. He will later become the first American college benefactor to have the college he endows change its name in his honor. There will be many others. 1789 ? President George...

Miller on the Law of the Turkey

Posted on November 25, 2010
Judge Frank Easterbrook may h as written the most famous article on The Law of the Horse, but ContractsProf blogger Meredith Miller (Touro) has no peer when it comes to the Law of the Turkey. Past Tanksgivings have featured her...

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