The Supreme Court Is Less “Pro-Arbitration” Than You Think, But Not in a Good Way
Temple Law’s own Professor Pamela Bookman discusses arbitration with respect to international commercial litigation. #Temple10Q
Contracts
First Circuit: Online Arbitration Agreement Must Be “Reasonably Communicated and Accepted”
Ruling in a class action brought against Uber Technologies, Inc., the U.S. Court of Appeals for the First Circuit recently held that the company’s arbitration clause could not be enforced because it was not “reasonably communicated” to its customers during the online contracting process. The decision is a stark reminder that great attention needs to
Working Group Drafts Model Contract Clauses to Prevent Human Rights Violations
Susan Maslow (LAW ’82) discusses the Working Group to Draft Human Rights Protections in Supply Contracts.
Taxation of Long-term Contracts: Little Pigs, the IRS, and the Completed-Contract Method
Summarizing recent case adverse to IRS, James R. Malone Jr. (LL.M. ’11) comments: “Little pigs get fed. Big pigs get slaughtered”
SCOTUS Raises the Bar on Materiality in False Claims Act Lawsuits
The implied false certification theory of liability under the False Claims Act (FCA) is premised on the notion that a person who does business with the federal government, by the very act of submitting a claim for payment, has impliedly certified compliance with the often numerous statutes, regulations, and contract terms that govern the contractual
Gambling on Revel Casino
The failure of Revel Casino is in many ways the failure of Atlantic City. Simply, there were too many casinos, not enough customers. Prior to competition from Delaware, New York, and most notably Pennsylvania, the Atlantic City market reached a high point in 2006 with gaming revenue of $5.2 billion. By 2014, that number had
A Fuller Understanding of Contractual Commitment
What do recitals of contractual obligation actually do? Pennsylvania, uniquely, permits parties to contract into obligations under the Uniform Written Obligations Act. But many other states permit mere recitals of consideration to conclusively establish the enforceability of a contract, even gratuitous promises otherwise unsupported by bargained-for-exchange. In contract theory, the enforceability of such naked recitals
Goodwill Indemnity: Another Approach to “Competition” between Franchisors and Franchisees
Franchising is a growing business model in the U.S. As franchising grows, however, franchisors can compete with their franchisees over the right to goodwill generated by the franchisee. I have recently completed a dissertation in Temple’s doctoral program that examines legal mechanisms to address expropriation of goodwill generated by franchisees, and proposes an alternative solution.
Law School Lessons: Building and Selling Fame House LLC
Building a business from one person to twenty people was hard. Selling that business while in law school was even harder. Running the business after it was sold to a publicly-held company has been fun, even if it is a challenge as I work toward my degree in Temple Law’s evening division. I started Fame