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There is widespread agreement among experienced contract drafters that every commercial contract should contain a choice-of-law clause. Among their many virtues, choice-of-law clauses facilitate settlement and reduce litigation costs. While most modern contracts contain these provisions, some do...
Persistent link: https://www.econbiz.de/10014237962
In the past, legal scholars have analogized the contract to a product, a social artifact, and a form of technology. In this Article, we suggest that contracts may also be usefully analogized to swag. The term “swag” refers to branded merchandise that is given away for free to people who...
Persistent link: https://www.econbiz.de/10012847895
Disputes relating to contract interpretation are frequently conceptualized as one-and-done affairs. The court will adopt what it considers to be a reasonable interpretation of the contract, rule in favor of one of the parties, and decide the case. Neither the judge nor the litigants tend to...
Persistent link: https://www.econbiz.de/10012861922
It is hornbook law that the United States is not currently a party to any treaty governing the enforcement of foreign judgments. At least, it was hornbook law until 1993. In that year, the U.S. Court of Appeals for the Eleventh Circuit adopted a novel interpretation of a provision in a bilateral...
Persistent link: https://www.econbiz.de/10013078297
In Atlantic Marine Construction Company v. United States District Court, the Supreme Court held that a “contractually valid” forum selection clause should be enforced by federal courts absent extraordinary circumstances. Unfortunately, the Court provided no guidance on how to assess whether...
Persistent link: https://www.econbiz.de/10013293186
Facebook, Google, and other leading technology companies in Silicon Valley have been buying start-up companies at a brisk pace. In many of these transactions, the buyer has little interest in acquiring the startup’s projects or assets. Instead, the buyer’s primary motivation is to hire some...
Persistent link: https://www.econbiz.de/10014170634
The bilateral treaty of friendship, commerce and navigation was for centuries a staple of international diplomacy. These treaties were famous for addressing a wide range of issues — including human rights, trade and investment protection — in a single document. In recent years, however,...
Persistent link: https://www.econbiz.de/10013090081