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26 May 2021, 9:05 pm by Christopher R. Yukins
The history of the Court of Federal Claims’ statutory bid protest authority can be traced to Scanwell Laboratories, Inc. v. [read post]
6 May 2022, 6:10 am by Noah J. Phillips
” As a result, the FTC cannot condemn categorically via rulemaking conduct that the courts have refused to condemn as per se illegal, and instead have analyzed under the rule of reason.[35] Last year, the FTC docketed a petition filed by the Open Markets Institute and others to ban “exclusionary contracts” by monopolists and other “dominant firms” under the agency’s unfair methods of competition authority.[36] The precise scope is not entirely… [read post]
5 Aug 2010, 8:28 am by Paul Bland
And even if they did, few consumers or employees could negotiate the contracts’ terms. [read post]
18 Dec 2017, 5:36 am by Joshua Fox
  While gray areas will always remain in these fact-based cases, precise contract drafting and care in observing the separate spheres of authority within the workplace should allow contracting entities to avoid claims of joint employment under the NLRA, as was the case prior to the 2015 Browning-Ferris decision. [read post]
5 Feb 2011, 10:22 am by Steve Bainbridge
Nonshareholder corporate constituencies can thus “negotiate” with the board in precisely the same fashion as do shareholders: by withholding their inputs. [read post]
18 Dec 2016, 4:00 am by Administrator
Contracts in Québec/Tax: AmendmentsJean Coutu Group (PJC) Inc. v. [read post]
10 Nov 2018, 11:16 am by Florian Mueller
., Inc.: summary judgment is warranted "[i]f, after considering the language of the contract and any admissible extrinsic evidence, the meaning of the contract is unambiguous. [read post]
14 Jul 2018, 6:53 am by Arina Shulga
Merrill Lynch, Pierce, Fenner & Smith, Inc., 756 F.2d 230 (2d Cir. 1985) that says that “an instrument can be part of an investment contract that is a security,” regardless of the nature of the instrument itself. [read post]
25 Feb 2022, 8:54 am by Lloyd J. Jassin
  Lloyd has written extensively on negotiating contracts in the publishing and entertainment industries and lectures frequently on contract and copyright issues affecting creators and their publisher partners. [read post]