Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention,
2014
Cole, Corette & Abrutyn
Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser
Georgia Journal of International & Comparative Law
No abstract provided.
Homeland Self Storage Management Llc Order Deferring Defendants' Motion For Protective Order And Appointment Of Special Master For Financial Discovery,
2014
Superior Court of Fulton County
Homeland Self Storage Management Llc Order Deferring Defendants' Motion For Protective Order And Appointment Of Special Master For Financial Discovery, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Fundamentals Of Contracting By And With Indian Tribes,
2014
Stoel Rives LLP
Fundamentals Of Contracting By And With Indian Tribes, Michael P. O'Connell
American Indian Law Journal
No abstract provided.
In Re Ebix Inc. Shareholder Derivative Litigation Stipulation And Order Of Dismissal With Prejudice,
2014
Superior Court of Fulton County
In Re Ebix Inc. Shareholder Derivative Litigation Stipulation And Order Of Dismissal With Prejudice, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Strike Complaint,
2014
Superior Court of Fulton County
Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Strike Complaint, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Compliance With Most Favored Customer Clauses: Giving Meaning To Ambiguous Terms While Avoiding False Claims Act Allegations,
2014
Skadden, Arps, Slate, Meagher & Flom LLP
Compliance With Most Favored Customer Clauses: Giving Meaning To Ambiguous Terms While Avoiding False Claims Act Allegations, Mitchell S. Ettinger, James C. Altman
Notre Dame Law Review Reflection
Federal and state contracting authorities more frequently are including Most Favored Customer (MFC) clauses in contracts for procurement of privately manufactured products. These clauses seek to ensure that the contracting authority (typically a federal or state agency) receives at least as favorable pricing as other customers making similar purchases. For example, the government agency may request that the contractor warrant that the prices it charges under the contract will be as favorable as those offered to other parties purchasing similar products of similar quantity under similar terms and conditions. In theory, the request to be treated equally to others making …
Coming Up Short: The United States' Second-Best Strategies For Corralling Purely Speculative Derivatives,
2014
University of Missouri - Kansas City, School of Law
Coming Up Short: The United States' Second-Best Strategies For Corralling Purely Speculative Derivatives, Timothy E. Lynch
Faculty Works
Purely speculative derivatives (PSDs) are derivatives in which neither counterparty is engaged in hedging. Unless used for entertainment purposes, PSDs are irrational, less-than-zero-sum transactions. Entities that engage in PSDs jeopardize their stakeholders and increase systemic risk. PSDs can also increase moral hazard, be used for regulatory arbitrage, and redirect resources away from efficient allocation of market capital. PSDs should be unenforceable, void for public policy reasons, except where expressly permitted to provide gambling entertainment, enhance price discovery, or increase liquidity for hedgers. In the U.S., however, PSDs are often legal and enforceable, even after the financial crisis of 2008 that …
Coming Up Short: The United States' Second-Best Strategies For Corralling Purely Speculative Derivatives,
2014
University of Missouri-Kansas City School of Law
Coming Up Short: The United States' Second-Best Strategies For Corralling Purely Speculative Derivatives, Timothy E. Lynch
Cardozo Law Review
Purely speculative derivatives (PSDs) are derivatives in which neither counterparty is engaged in hedging. Unless they are used for entertainment purposes, PSDs are irrational, less-than-zero-sum transactions. Entities that engage in PSDs jeopardize their stakeholders and increase systemic risk. PSDs can also increase moral hazard, can be used for regulatory arbitrage, and can redirect resources away from the efficient allocation of market capital. PSDs should be unenforceable contracts, void for public policy reasons, except where they are expressly permitted to provide gambling entertainment, enhance price discovery, or increase liquidity for hedgers.
In the United States, however, PSDs are often legal and …
Was Singapore Airlines Liable For Business-Class Seats Sold At Economy Rates?,
2014
Singapore Management University
Was Singapore Airlines Liable For Business-Class Seats Sold At Economy Rates?, Yihan Goh
Research Collection Yong Pung How School Of Law
Much has been reported about Singapore Airlines (“SIA”) mistakenly charging economy rates for around 900 business-class seats due to a computer input error. Yesterday, SIA said that it would honour those tickets at economy rates, reversing its previous position that it would not, and closing the episode on a note of goodwill. This blog entry explores the legal analysis behind the episode on the assumption that Singapore contract law applies, so as to maintain its general relevance to a Singaporean audience and its specific application to online retailers concerned about making similar pricing errors. Of course, the analysis would differ …
Contract Law Update 2014,
2014
Singapore Management University
Contract Law Update 2014, Yihan Goh
Research Collection Yong Pung How School Of Law
With the end of 2014 almost upon us, it is apposite to take stock of the more important developments in Singapore contract law in the year. This entry examines four cases that straddle important developments across various fields in contract law, namely, formation, terms, breach and illegality. In each case, it can be seen that the Singapore courts are anxious to consolidate existing law, and to chart new courses where relevant and appropriate.
R1 International Pte Ltd V Lonstroff Ag [2014] Sgca 56: Lessons In Contractual Formation,
2014
Singapore Management University
R1 International Pte Ltd V Lonstroff Ag [2014] Sgca 56: Lessons In Contractual Formation, Yihan Goh
Research Collection Yong Pung How School Of Law
The rules relating to contractual formation are easy to state but difficult to apply in the varied circumstances of practice. It is therefore helpful that the recent Court of Appeal decision of R1 International Pte Ltd v Lonstroff AG [2014] SGCA 56 (“R1 International”) provides much guidance in this area of the law.
R1 International concerned whether a set of terms to arbitrate in Singapore, found in a detailed contract note sent by the appellant to the respondent shortly after their deal (“the deal”) was concluded, was incorporated as part of the contract between the parties. The answer …
Homeland Self Storage Management, Llc Order On Defendants' Motion To Stay,
2014
Superior Court of Fulton County
Homeland Self Storage Management, Llc Order On Defendants' Motion To Stay, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
La Famiglia Trust Order On Defendants' Motion To Dismiss,
2014
Superior Court of Fulton County
La Famiglia Trust Order On Defendants' Motion To Dismiss, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Michael D. Sullivan Order On Motions In Limine And Motion To Quash Notice To Produce,
2014
Superior Court of Fulton County
Michael D. Sullivan Order On Motions In Limine And Motion To Quash Notice To Produce, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
The Short Road Home To Delaware: Boilermakers Local 154 Retirement Fund V. Chevron,
2014
Pepperdine University
The Short Road Home To Delaware: Boilermakers Local 154 Retirement Fund V. Chevron, Anne M. Tucker
The Journal of Business, Entrepreneurship & the Law
One of the biggest Delaware Supreme Court cases of 2013 wasn’t. The Delaware Court of Chancery opinion in Boilermakers Local 154 Retirement Fund v. Chevron Corp., upheld the enforceability of Delaware forum selection clause bylaws unilaterally adopted by corporate boards of directors. It was widely expected that the Delaware Supreme Court would uphold the Court of Chancery’s opinion. However, Plaintiffs dismissed their appeal and moved to dismiss their remaining claims in the Court of Chancery, leaving intact Chancellor Strine’s strong support of forum selection clauses. National Industries Group (Holding) v. Carlyle Investment Managements L.L.C. and TC Group, L.L.C., a 2013 …
Viken Securities Limited Et Al. Order On Plaintiffs' Motion To Compel,
2014
Superior Court of Fulton County
Viken Securities Limited Et Al. Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development,
2014
Columbia Law School
Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
In November 2014, CCSI and the Institute for Human Rights and Business co-convened a colloquium on policy, law, contracts, and sustainable development, with a particular focus on large-scale investments in the extractive industries and the agriculture sector. The colloquium provided an opportunity for practitioners to share information on their related work, as well as to reflect on current practices and remaining gaps regarding efforts to embed sustainability and human rights into large-scale deals. This outcome document provides a summary of the discussion, while its annex includes information on participants’ relevant programs, initiatives, and tools.
Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death,
2014
Stetson University College of Law
Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta
Fordham Law Review
We live in a world permeated with technology. Through our online accounts we write emails, we store pictures, videos, and documents, we pay bills and conduct financial transactions, we buy digital books and music, and we manage loyalty programs. Digital assets have quickly replaced physical letters, pictures, books, compact discs, and documents stored in filing cabinets and shoeboxes. The emergence of digital assets raises pressing questions regarding the treatment of digital assets at an account holder’s death. Unlike digital assets’ physical counterparts, an account holder does not control the ultimate fate of digital assets. Instead, digital assets are controlled by …
Can A Professional Limit Liability Contractually Under Florida Law?,
2014
University of Florida Levin College of Law
Can A Professional Limit Liability Contractually Under Florida Law?, John Terwilleger
Florida Law Review
Florida law is currently unclear on the issue of whether a professional may rely upon a limitation of liability clause in a professional services contract. Limitation of liability clauses are common in business contracts, especially in construction, a field that includes many professionals such as engineers and architects. While Florida has historically enforced limitation of liability clauses in professional services contracts, recent cases have cast doubt on whether the clauses are enforceable. If the Florida Supreme Court establishes that professionals cannot rely upon these clauses, it will be taking a position contrary to the majority of states, including New York, …
Uniform Interpretation Of The 1980 Uniform Sales Law,
2014
University of Georgia School of Law
Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari
Georgia Journal of International & Comparative Law
No abstract provided.
