Preliminary agreements—variously labeled as memoranda of understanding, letters of intent, term sheets, commitment letters, or agreements in principle—are common in complex business transactions. They document an incomplete set of terms that the parties have agreed upon, while anticipating further negotiation of the remaining provisions. They often create legal obligations, particularly a duty to negotiate in […] Continue Reading >
The New Qui Tam: A Model for the Enforcement of Group Rights in a Hostile Era
The New Qui Tam: A Model for the Enforcement of Group Rights in a Hostile Era
The present Administration has made clear it has no interest in enforcing statutes designed to protect workers, consumers, voters, and others. And, as we have chronicled in prior work, the ability of private litigants to enforce these laws has been undercut by developments in the case law concerning class actions—particularly class-banning arbitration clauses. As these […] Continue Reading >
“A Republic If [We] Can Keep It”: A Prolegomenon on Righting the Ship of State in the Wake of the Trumpian Tempest
Designing and Enforcing Preliminary Agreements
“A Republic If [We] Can Keep It”: A Prolegomenon on Righting the Ship of State in the Wake of the Trumpian Tempest
Democracy has to be born anew every generation, and education is its midwife.[1] I. A Tempest in a Teapot? Or a Full-Bore Maelstrom?: Defining the Existence and Scope of the Problems Vexing Our National Governing Institutions After the close of the Federal Convention in Philadelphia, Dr. Benjamin Franklin, when asked by a “Mrs. Powel[l]” […] Continue Reading >
The New Qui Tam: A Model for the Enforcement of Group Rights in a Hostile Era