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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

Gift Card Class Action Survives in NY Appellate Court

Posted on October 21, 2008
We previously mentioned a federal class action against Amex over gift card fees. Well, in a separate state case against Simon Property Group over gift card fees, an appellate court in New York (Second Department) recently held that, in the...

Business Associations Limerick of the Week: Broz v. Cellular Information Systems

Posted on October 21, 2008
Robert Broz wore two corporate hats. He was the President and sole shareholder of RFB Cellular (RFB), and he was also a member of the board of Cellular Information Systems (CIS). A broker of telephone service licenses approached Broz in...

L'il Kim and a L'suit

Posted on October 20, 2008
According to the New York Times, rap star L'il Kim has been enjoined temporarily from recording new music. A New York Supreme Court Justice set November 5th as the date for a hearing on the injunction. Independent label Brookland Media...

Contracts Limerick of the Week: Balfour v. Balfour

Posted on October 18, 2008
Mr. and Mrs. Balfour lived together in Ceylon for 15 years. While Mr. Balfour was on leave from his position in Ceylon and the two were living in England, Mrs. Balfour developed rheumatic arthritis. Her doctors suggested that the cool,...

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Now In Print

Posted on October 17, 2008
- Michael D. Cicchini, Broken Government Promises: A Contract-based Approach to Enforcing Plea Bargains, 38 N.M. L. Rev. 159 (2008). - Mahmoud A. El-Gamal, Incoherence of Contract-based Islamic Financial Jurisprudence in the Age of Financial Engineering, 25 Wis...

A Take on Clickwrap?

Posted on October 17, 2008
Well, not really, but this piece from the Onion does speak volumes about the Internets: CHINO, CA?In an unprecedented and historic event Monday, the "I Am Under 18" button, an Internet security device which if selected restricts access to websites...

Rapid Expansion Leads to Venti Triple Lease Breach

Posted on October 17, 2008
Having outgrown itself, Starbucks is in a slump. Back in July, it announced its first list of store closings - taking with it the life of our short-lived outfit in Central Islip, NY. And with the store closings, the WSJ...

Non-Competes in Russia

Posted on October 16, 2008
Have you ever wondered whether non-compete clauses are enforceable in Russia? Yury Ivanov writes in the Moscow Times: The main problem with a non-compete clause in Russia is that it may, in certain circumstances and in certain wordings, contradict with...

Statutory Poetry

Posted on October 15, 2008
Those who are subscribers to the AALS listserve, or who have had other occasion to interact with Sid Delong (Seattle) will not be surprised to see an example of his razor-sharp wit, but it was still a surprising amount of...

ContractsProf Blogger Concurs

Posted on October 15, 2008
As the previous post indicates, our own blogger, University of the Pacific McGeorge School of Law's Miriam Cherry, is now doing double duty as a guest blogger on Concurring Opinions where she is blogging not only about contracts but about...

Business Associations Limerick of the Week: Bayer v. Beran

Posted on October 14, 2008
Alas, I found no public domain images of Jean Tennyson, wife of Camille Dreyfus, who was president of the Celanese Corporation at the time it decided to promote its product (which is not, I repeat, not rayon) by sponsoring a...

The Suit that Could Have Been: Citibank v. Wachovia

Posted on October 14, 2008
The Wall Street Journal Law Blog is in mourning. "Oh what fun it could have been," laments the blog. We haven't had a knock-down, drag-out tortious interference with contractual relations claim like this since the glory days of the Texaco-Pennzoil...

Contracts Limerick of the Week: Sullivan v. O'Connor

Posted on October 13, 2008
Sullivan v. O'Connor involves a promise by a doctor to provide the plaintiff with a nose that "would enhance her beauty and improve her appearance." However, after three surgeries, the plaintiff emerged with a nose that was disfigured and deformed...

Fashion Faux-Pas Could Cost Actress $20 Million

Posted on October 10, 2008
The Wall Street Journal's Law Blog reports that Charlize Theron has been "cheating on" Raymond Weil, cuckolding the Swiss watchmaker through a dangerous liaison with Dior. Raymond Weil claims that Theron was caught in flagrante delicto when she wore a...

A Minor Dispute Regarding the Peaceable Kingdom

Posted on October 08, 2008
According to the Wall Street Journal, tech entrepreneur and multimillionaire Halsey Minor bought the painting shown at left, Edward Hicks' "The Peaceable Kingdom With the Leopard of Serenity," from Sotheby's for $9.6 million. At the same time, Mr. Hicks bought...

VP Debate as Exam Skills Teaching Moment

Posted on October 07, 2008
Sure, the Biden/Palin VP debate in St. Louis seems like years ago, but it is worth noting that it provides a wonderful teaching moment. In exam taking, students struggle with answering the call of the question. If I tell the...

Now in Print

Posted on October 07, 2008
- Mary Hunter Morris, Comment, Only "The Punctilio" if I say So: How Contractual Limitations on Fiduciary Duties Deny Protection to Victims of Oppressive Freeze-Outs within Private Business Entities, 10 Duq. Bus. L.J. 73 (2008). [Meredith R. Miller]

Hey! Ho! Let?s Sue!

Posted on October 07, 2008
From 1983 to 1987, Richard Reinhardt was a drummer for the legendary New York City punk rock band, The Ramones. As was the band's custom, he took the last name ?Ramone? and, with that, the stage name ?Ritchie Ramone.? Reinhardt...

Business Associations Limerick of the Week: Caremark

Posted on October 07, 2008
In In re Caremark International Inc. Derivative Litigation, Chancellor William T. Allen (pictured) set aside the existing Delaware standard governing a Board's duty of oversight, which had been established in the 1963 case, Graham v. Allis Chalmers. In Graham, the...

A Motivated Employee

Posted on October 06, 2008
From The Shining (1980): Jack: Have you ever thought about my responsibilities? Wendy: Oh Jack, what are you talking about? Jack Torrance: Have you ever had a SINGLE MOMENT'S THOUGHT about my responsibilities? Have you ever thought, for a single...

Weekly Top Ten

Posted on October 06, 2008
Another Monday and another new Weekly Top Ten, this one featuring a new article by Benjamin Alarie suggesting a new solution to the old Peerless problem. Following are the top ten most-downloaded new papers from the SSRN Journal of Contract...

Glass Ceiling on Government Contracts?

Posted on October 06, 2008
Last Thursday, the New York Times reported that although women own almost half of all small businesses in the country, generating $2 trillion in revenue, they are awarded only 3.4% of annual federal contracts. In 2000, Congress voted to put...

Contracts Limerick of the Week: Peevyhouse

Posted on October 06, 2008
It is a pleasure to be able to post about a case that needs no introduction. Peevyhouse v. Garland Coal is an old stand-by. It's a great teaching case. Not only does it illustrate important issues regarding the proper measure...

Maybe It's Actually a Conditional Gift

Posted on October 01, 2008
I don't know why I keep getting annoyed by companies that claim that you can deal with them without having "a contract." This report of a release from Verizon Wireless, for example, reprinted in a reasonably reputable newspaper: Verizon Wireless...

Court Addresses Modification of Clickwrap Agreement

Posted on October 01, 2008
The U.S. District Court for the District of Maryland (Titus, J.) recently had occasion to address the modification of a clickwrap agreement. Plaintiffs, real estate appraisers, used defendant FNC?s internet-based service, ?Appraisal Port.? Plaintiffs brought a class action against FNC,...

Poetic Meter and Fault in Contracts Law

Posted on October 01, 2008
Our own Keith Rowley was on the program for the conference on Fault in Contract Law held this past weekend at the University of Chicago Law School, with the papers to be published in the Michigan Law Review. I will...

Fruehwald on Reciprocal Altruism as the Basis For Contract

Posted on September 30, 2008
Edwin S. Fruehwald (Hofstra) has posted to SSRN a piece titled Reciprocal Altruism as the Basis for Contract. Here's the abstract: Behavioral Biology illuminates the basis of contract. Behavioral biologists believe that genes are selfish; they are only interested in...

Business Associations Limerick of the Week: Francis v. United Jersey Bank

Posted on September 30, 2008
Poor Lillian Pritchard gave in to depression after her husband's death. Her husband, loving father that he was, tried to warn Lillian of the vipers she had raised. "He'll steal the shirt off your back," Mr. Pritchard warned Lillian, speaking...

Selling Your Patrimony?

Posted on September 29, 2008
Ordinarily we don?t pay much attention here to the kind of cosmic questions that show up frequently in moot court competitions, like whether there?s some sort of constitutional right not to become a "genetic parent." But when the question becomes...

Weekly Top 10

Posted on September 29, 2008
Two new papers make our top ten list this week, Alan White's study of voluntary mortgage modifications and Stephen A. Smith's review of an important recent book by James Gordley. As always, there's a good deal of interesting stuff here....

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