I’ve long been aware of contracts promulgated by FIDIC, an international standards organization for the construction industry. But I’d lost track of whether I’d written anything about FIDIC contracts, so during my recent Abu Dhabi seminar I confidently proclaimed that I had. When one of the participants subsequently pointed out that it appeared that in fact I hadn’t, I knew that I had to … Read More
Recently someone reminded me of the ISDA master agreement, the widely used form of master contract for over-the-counter derivatives transactions. It was last updated in 2002, and after I found a copy of the 2002 version online here, I had a look at it. My conclusion? The drafting is pretty ragged. No surprise there—I’ve looked at a few examples of … Read More
To be filed under “There but for the grace of God go I”: Via @Deadline, I came upon this story in the Hollywood Reporter. Here’s the opening paragraph: A California appeals court has affirmed Paramount’s win in a legal dispute with a Morgan Stanley-backed film-finance entity that alleged it was forced to pick up some of the tab when one of … Read More
Yesterday Law360 published this article by reporter Liz Hoffman about the contract language at the root of the brawl between financiers Carl Icahn and Bill Ackman. It quotes yours truly. (Subscription required, but you can get a free trial.) You can find the contract language at issue in this Business Insider article by Linette Lopez; this 2011 New York Times story … Read More
