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4,819 full-text articles. Page 7 of 108.

Licensing Contracts: Control Rights, Options And Timing, Pascale CRAMA, Bert DE REYCK, Niyazi TANERI 2017 Singapore Management University

Licensing Contracts: Control Rights, Options And Timing, Pascale Crama, Bert De Reyck, Niyazi Taneri

Research Collection Lee Kong Chian School Of Business

Research and development (R&D) collaborations, common in high-tech industries, are challenging to manage due to technical and market risks as well as incentive problems. We investigate how control rights, options, payment terms and timing allow the innovator to capture maximum value from its R&D collaborations with a marketer. Our study reveals a counterintuitive result; the innovator may, under certain conditions, prefer to grant launch control rights or buy-out options to the marketer despite the fact that both terms restrict its downstream actions. We demonstrate that a menu of contracts is not necessary to address the adverse selection problem as the menu can be replicated by a single option contract. We show that timing, through renegotiation or delayed contracting, as well as the careful allocation of control rights and options can have a significant influence on the value of collaborative R&D. We provide recommendations on the optimal contract structure and ...


Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell 2017 University of California, Berkeley, School of Law

Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell

Nevada Law Journal Forum

In crafting the Defend Trade Secrets Act of 2016 (DTSA), Congress went beyond the federalization of state trade secret protection to tackle a broader social justice problem: the misuse of nondisclosure agreements (NDAs) to discourage reporting of illegal activity in a variety of areas. The past few decades have witnessed devastating government contracting abuses, regulatory violations, and deceptive financial schemes that have hurt the public and cost taxpayers and investors billions of dollars. Congress recognized that immunizing whistleblowers from the cost and risk of trade secret liability for providing information to the Government could spur law enforcement. But could this ...


The Supreme Court’S Application Of 'Ordinary Contract Principles' To The Issue Of The Duration Of Retiree Healthcare Benefits: Perpetuating The Interpretation/Gap-Filling Quagmire, Robert A. Hillman 2017 Cornell Law School

The Supreme Court’S Application Of 'Ordinary Contract Principles' To The Issue Of The Duration Of Retiree Healthcare Benefits: Perpetuating The Interpretation/Gap-Filling Quagmire, Robert A. Hillman

Cornell Law Faculty Publications

The United States Supreme Court purported to apply "ordinary contract principles" in its decision reversing the Sixth Circuit Court of Appeals in M&G Polymers USA v. Tackett . The Sixth Circuit had held that plaintiffs, retired employees of M&G, were entitled to lifetime healthcare benefits under their union's agreement with M&G. According to the Supreme Court, the Sixth Circuit wrongly relied on a false set of "inferences" established in International Union v. Yard-Man, Inc. to find that "in the absence of extrinsic evidence to the contrary, the provisions of [the collective bargaining agreement] indicated an intent to ...


The Dawn Of Fully Automated Contract Drafting: Machine Learning Breathes New Life Into A Decades-Old Promise, Kathryn D. Betts, Kyle R. Jaep 2017 Duke Law

The Dawn Of Fully Automated Contract Drafting: Machine Learning Breathes New Life Into A Decades-Old Promise, Kathryn D. Betts, Kyle R. Jaep

Duke Law & Technology Review

Technological advances within contract drafting software have seemingly plateaued. Despite the decades-long hopes and promises of many commentators, critics doubt this technology will ever fully automate the drafting process. But, while there has been a lack of innovation in contract drafting software, technological advances have continued to improve contract review and analysis programs. “Machine learning,” the leading innovative force in these areas, has proven incredibly efficient, performing in mere minutes tasks that would otherwise take a team of lawyers tens of hours. Some contract drafting programs have already experimented with machine learning capabilities, and this technology may pave the way ...


Gerber Products Co. Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner 2017 Fulton County Superior Court Judge

Gerber Products Co. Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs 2017 Pacific McGeorge School of Law

A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Puerto Rico And The Netherworld Of Sovereign Debt Restructuring, Robert K. Rasmussen, Mitu Gulati 2017 University of Southern California

Puerto Rico And The Netherworld Of Sovereign Debt Restructuring, Robert K. Rasmussen, Mitu Gulati

University of Southern California Legal Studies Working Paper Series

Puerto Rico has incurred debt well beyond its ability to repay. It attempted to address its fiscal woes through legislation allowing the restructuring of some its debt. The Supreme Court put a stop to this effort, holding that Congress in the Bankruptcy Code barred the Commonwealth from enacting its own restructuring regime. Yet all agreed that the Bankruptcy Code did not provide anything in its place. While Congress quickly enacted PROMESA in an attempt to address the Puerto Rico’s fiscal ills, we explore in this paper whether Congress has the power to bar Puerto Rico from enacting a restructuring ...


Private Ordering And Notice Failure In The Context Of Termination, Alfred C. Yen 2017 Boston College Law School

Private Ordering And Notice Failure In The Context Of Termination, Alfred C. Yen

Alfred C. Yen

No abstract provided.


Gross Endowment Trust, Llc Et Al., Order On Defendants' Motion For Summary Judgment, Alice D. Bonner 2017 Fulton County Superior Court Judge

Gross Endowment Trust, Llc Et Al., Order On Defendants' Motion For Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Foreclosure Diversion And Mediation In The States, Alan M. White 2017 CUNY School of Law

Foreclosure Diversion And Mediation In The States, Alan M. White

Georgia State University Law Review

The recent mortgage foreclosure crisis, whose economic effects are well known, transformed state legal structures governing the mortgage foreclosure process. What had been a relatively routine system of default judgments and auction sales has evolved into a negotiation and workout practice in which homeowners contest foreclosures, demand loan modifications and short sales, and propose other alternatives to foreclosures.

A profusion of state laws and court orders were adopted between 2008 and 2014 with the aim of promoting negotiated foreclosure alternatives. These laws have produced a variety of experiments in the “laboratories of democracy.” The defaults—whether home loans are renegotiated ...


In Pursuit Of Good & Gold: Data Observations Of Employee Ownership & Impact Investment, Christopher Geczy, Jessica S. Jeffers, David K. Musto, Anne M. Tucker 2017 University of Pennsylvania Wharton School

In Pursuit Of Good & Gold: Data Observations Of Employee Ownership & Impact Investment, Christopher Geczy, Jessica S. Jeffers, David K. Musto, Anne M. Tucker

Anne Tucker

A startup's path to self-sustaining profitability is risky and hard, and most do not make it. Venture capital (VC) investors try to improve these odds with contractual terms that focus and sharpen employees' incentives to pursue gold. If the employees and investors expect the startup to balance the goal of profitability with another goal - the goal of good - the risks are likely to both grow and multiply. They grow to the extent that profits are threatened, and they multiply to the extent that balancing competing goals adds a dimension to the incentive problem. In this Article, we explore contracting ...


Rise Of The Digital Regulator, Rory Van Loo 2017 Boston Univeristy School of Law

Rise Of The Digital Regulator, Rory Van Loo

Faculty Scholarship

The administrative state is leveraging algorithms to influence individuals’ private decisions. Agencies have begun to write rules to shape for-profit websites such as Expedia and have launched their own online tools such as the Consumer Financial Protection Bureau’s mortgage calculator. These digital intermediaries aim to guide people toward better schools, healthier food, and more savings. But enthusiasm for this regulatory paradigm rests on two questionable assumptions. First, digital intermediaries effectively police consumer markets. Second, they require minimal government involvement. Instead, some for-profit online advisers such as travel websites have become what many mortgage brokers were before the 2008 financial ...


Robert L. Nix Order On Motion For Attorney's Fees, John J. Goger 2017 Fulton County Superior Court Judge

Robert L. Nix Order On Motion For Attorney's Fees, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Defendants' Second Motion For Summary Judgment, John J. Goger 2017 Fulton County Superior Court Judge

Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Defendants' Second Motion For Summary Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Drummond Financial Services Llc Et Al., Order On Discovery Disputes, John J. Goger 2017 Fulton County Superior Court Judge

Drummond Financial Services Llc Et Al., Order On Discovery Disputes, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Betraying Formality For False Equity: The Danger Of Transposing Equitable Considerations Into Contract Law To Remedy Regulatory Pitfalls, Elliott Morris 2017 College of William & Mary Law School

Betraying Formality For False Equity: The Danger Of Transposing Equitable Considerations Into Contract Law To Remedy Regulatory Pitfalls, Elliott Morris

William & Mary Environmental Law and Policy Review

No abstract provided.


Morris Hardwick Schneider Llc Et Al Order On Plaintiffs' Motion To Dismiss Defendant Hardwick's Counterclaims And Motions For Protective Order And Stay, Melvin K. Westmoreland 2017 Fulton County Superior Court Judge

Morris Hardwick Schneider Llc Et Al Order On Plaintiffs' Motion To Dismiss Defendant Hardwick's Counterclaims And Motions For Protective Order And Stay, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Pulte Home Corporation Order On Defendant' Choate Construction Company's Motion For Partial Summary Judgment, John J. Goger 2017 Fulton County Superior Court Judge

Pulte Home Corporation Order On Defendant' Choate Construction Company's Motion For Partial Summary Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Drummond Financial Services Llc Order On Defendants' Motion For Partial Stay, John J. Goger 2017 Fulton County Superior Court Judge

Drummond Financial Services Llc Order On Defendants' Motion For Partial Stay, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Gross Endowment Trust Llc, Roy Dickson Order On Plaintiffs' Motion To Compel Second Deposition Of Non-Party Fortress Investment Group, Llc, Alice D. Bonner 2017 Fulton County Superior Court Judge

Gross Endowment Trust Llc, Roy Dickson Order On Plaintiffs' Motion To Compel Second Deposition Of Non-Party Fortress Investment Group, Llc, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


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