Borrowers and lenders must both be aware of the risks relating to uncertainty regarding make-whole premiums in bankruptcy. The enforceability of “make-whole” premiums in bankruptcy has become a hotly contested issue in...more
Event contracts, which are a type of derivative contract whose payoff is based on a specified event, occurrence, or value, have been area of significant attention in the derivatives markets, with several key developments...more
The Israeli Ministry of Justice recently published a memorandum of law amending the Contracts Law, which seeks to add unique rules of interpretation to business contracts. In the economic press, we saw dramatic headlines...more
Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more
"This is just a simple breach of contract case, Your Honor...” How many times have judges and lawyers heard that? But if breach of contract cases are simple, why are so many decided by North Carolina’s appellate courts? ...more