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KProfsBlog @kprofsblog.bsky.social · 02/10/2026

A bit of frivolity for your Friday: The New York Times puzzles people must be following the blog. How else would they have come up with this Strands puzzle? www.contractsprofblog.com/2026/10/frid...

contractsprofblog.com

Friday Frivolity: A Contracts-Themed Strands Puzzle

Strands is not the most exciting of The New York Times's puzzles, but it's pleasant enough and you can always complete it, especially if it is about

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KProfsBlog @kprofsblog.bsky.social · 01/10/2026

CEO fired for cause cannot raise new arguments in motion for reconsideration. Case is made much harder than it ought to be because of confusing language in the employment agreement. Reminds me of my practice experience with terminated executives. www.contractsprofblog.com/2026/10/ceo-...

contractsprofblog.com

CEO Cannot Raise New Argument on Appeal Challenging His Dismissal for Cause

I litigated a CEO's termination-for-cause case when I was in practice. I was also involved in a suit against a CEO on behalf of a corporation undergoing

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KProfsBlog @kprofsblog.bsky.social · 30/09/2026

In upholding an arbitral finding in favor of an employer, Judge Easterbrook had little to say about a court's power to vacate awards based on arbiter "misbehavior." Reminds me that I'm still mad that the 8th Circuit bailed out Mike Lindell. www.contractsprofblog.com/2026/09/seve...

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KProfsBlog @kprofsblog.bsky.social · 29/09/2026

Good morning, contracts scholars! Exciting news!! The portal for the 19th International Conference on Contracts (KCON XIX) is now open. You can register and submit your paper proposals and everything www.contractsprofblog.com/2026/09/inte...

Case Western Reserve University School of Law will host KCON XIX.

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KProfsBlog @kprofsblog.bsky.social · 29/09/2026

Today's post is about a racial discrimination against Rocket Mortgage and its partners. The case seems straightforward, but Rocket claims federal regulations don't allow it to interfere with appraisers, even when those appraisers engage in misconduct. www.contractsprofblog.com/2026/09/fair...

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KProfsBlog @kprofsblog.bsky.social · 28/09/2026

Starting to catch-up on arbitration cases drawn from Tamar Meshel's Substack. Today's post is about a third-party beneficiary's ability to enforce an arbitration provision in a click-through agreement on a insurance info website. www.contractsprofblog.com/2026/09/four...

Tamar Meshel, the Arbitration Law Prof behind the Arbitration Law Prof Substack (https://arbprofmeshel.substack.com/)

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KProfsBlog @kprofsblog.bsky.social · 25/09/2026

Breaking Bad, my favorite televisions series ever is the NY TImes pick for the #1 show of the 21st Century. Here's why, reason #1 www.youtube.com/watch?v=o24g... 1/3

youtube.com

BREAKING BAD: Gale sings "Crapa pelada"

YouTube video by Marknopfler88

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KProfsBlog @kprofsblog.bsky.social · 25/09/2026

Catching up on a copyright/breach of contract case brought by George Santos against Jimmy Kimmel after the latter played on his show Cameo recordings that Santos made for dummy Cameo accounts created in order to roast Santos. www.contractsprofblog.com/2026/09/frid...

contractsprofblog.com

Friday Frivolity: Santos v. Kimmel

And Kalshi . . . and the Commodity Futures Trading Commission

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KProfsBlog @kprofsblog.bsky.social · 24/09/2026

A few things to say. I didn't consider shows that aren't over. Some shows had great first seasons and then became unwatchable (e.g., Stranger Things). So, sorry Severance. Also, very hard to pick between Fargo 1 and 5. Honorable mention to "The Good Place"

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KProfsBlog @kprofsblog.bsky.social · 24/09/2026

First take: I think Justice Gorsuch reached the right outcome on the scope of § 1 of the FAA in Brock as the case was argued, but it might be the wrong outcome if we focus on Brock's status as a distributor/franchisee. www.contractsprofblog.com/2026/09/scot...

contractsprofblog.com

SCOTUS Once Again Reads the FAA’s Transportation Worker Exception Broadly

Again Unanimously, this time per Justice Gorsuch in Flowers Foods v. Brock

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KProfsBlog @kprofsblog.bsky.social · 23/09/2026

Fernando Tatis, Jr. is an exceptionally talented baseball player, but that means he has to pay a lot of money, b/c he promised 10% of his baseball earnings to a fund that fronted him $2 million in 2017. www.contractsprofblog.com/2026/09/cali...

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KProfsBlog @kprofsblog.bsky.social · 22/09/2026

New and noteworthy on SSRN this week: @tomerstein.bsky.social on Epistemology in the Marketplace, Yifat Naftali Ben Zion on good faith, @thelior.bsky.social on Opt-outs, & Joseph Grundfest on Kalshi www.contractsprofblog.com/2026/09/new-...

contractsprofblog.com

New and Noteworthy from SSRN

Tomer Stein Epistemology at the Marketplace Abstract People acquire knowledge from others, but the epistemic impact of the laws governing marketplace

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KProfsBlog @kprofsblog.bsky.social · 21/09/2026

University of Florida paid an interim President a $2 million "exit package” on top his contractual salary of $2.5 million. How is that not waste, especially where UF pays its presidents twice the going rate? www.contractsprofblog.com/2026/09/what...

contractsprofblog.com

What’s a University President Worth?

Last May, Josh Moody reported for Inside Higher Education on the contract for the University of Florida’s interim president, Donald Landry. Cutting to the

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KProfsBlog @kprofsblog.bsky.social · 18/09/2026

Today’s Friday Frivolity column features a story about Elon Law School Dean Zak Kramer who promised to get a tattoo if the graduating class surpassed an 85% pass rate on the bar. They did, and so he did. Making contracts law real. www.contractsprofblog.com/2026/09/frid...

contractsprofblog.com

Friday Frivolity: Elon Dean Gets Inked

I learned this week from Derek Muller’s Law School Docket Substack that Elon University School of Law Dean Zak Kramer (below) entered into a contract with

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KProfsBlog @kprofsblog.bsky.social · 17/09/2026

Is the FAA procedural or substantive? In May, a District Court granted a motion to compel because the FAA does not affect substantive rights but also treated it substantive federal law, pre-empting a contrary State Supreme Court ruling. www.contractsprofblog.com/2026/09/suit...

contractsprofblog.com

Suit Alleging Harms from Addiction to Video Games Sent to Arbitration

A Return to the Anomaly at the Heart of the FAA

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KProfsBlog @kprofsblog.bsky.social · 16/09/2026

In May, Justice Sotomayor authored a unanimous opinion on whether a court that has stayed a case upon granting a motion to compel retains jurisdiction to enforce or vacate the arbitral award. It does. Pairs nicely with tomorrow’s post, so stay tuned. www.contractsprofblog.com/2026/09/anot...

contractsprofblog.com

Another Unanimous SCOTUS Arbitration Decision

From May

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KProfsBlog @kprofsblog.bsky.social · 15/09/2026

Sorry for the delay in getting the post up today. New and noteworthy on SSRN from Neil Duxbury on the general law craze and Jennifer Martin on the 2022 UCC Amendments. www.contractsprofblog.com/2026/09/tues...

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KProfsBlog @kprofsblog.bsky.social · 14/09/2026

According to a report from Wachtell, Lipton commissioned by the NBA, the L.A. Clippers used fake consulting contracts to funnel millions above the salary cap to Kawhi Leonard. The scheme seems to have been laughably transparent. www.contractsprofblog.com/2026/09/wach...

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KProfsBlog @kprofsblog.bsky.social · 11/09/2026

Once again, contracts law comes up against constitutional law, and SCOTUS sets aside its usual willingness to enforce electronic contracts of adhesions. Not that it’s a bad thing . . . www.contractsprofblog.com/2026/09/chat...

What it might look like when one opts in to applications that share your location information with service providers

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KProfsBlog @kprofsblog.bsky.social · 10/09/2026

A periodic update on the two main contracts law Substacks. @hoffprof.bsky.social has been writing about leases and about the dignity of contract. @kimkrawiec.bsky.social explains why surrogacy is complicated and launches Season 7 of the Taboo Trades podcast. www.contractsprofblog.com/2026/09/cont...

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KProfsBlog @kprofsblog.bsky.social · 09/09/2026

Olha Cherednychenko has a new book, Market Regulation and Private Law. The University of Groningen is hosting a virtual book launch on November 5, and you can register to attend online. www.contractsprofblog.com/2026/09/book...

Cover art for Ohla Cherednychenko, “Market Regulation and Private Law"

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KProfsBlog @kprofsblog.bsky.social · 08/09/2026

It’s Tuesday, so we have Tips from SSRN, featuring scholarship by Dov Waisman on promissory estoppel, Erik Encarnacion on discrimination, and Mirit Eyal & Jay Soled on prediction markets. www.contractsprofblog.com/2026/09/tues...

contractsprofblog.com

Tuesday Tips: New and Noteworthy from SSRN

Dov A. Waisman Foreseeability and Reasonableness in Promissory Estoppel Abstract The law of promissory estoppel contains a little-noticed puzzle relating

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KProfsBlog @kprofsblog.bsky.social · 07/09/2026

Kish Parella of the Washington & Lee University School of Law has organized the International Business Transactions Virtual Seminar Series: 2026–2027. Details are here: www.contractsprofblog.com/2026/09/inte...

Detailed schedule for the seminar series.

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KProfsBlog @kprofsblog.bsky.social · 06/09/2026

Hey, #lawsky The rate at which my papers are downloaded on SSRN, while still nothing to brag about, has suddenly accelerated in the last few weeks. My theory: Elsevier has made deals with AI companies to let them scrape the contents of SSRN. Am I being paranoid or did that already happen?

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KProfsBlog @kprofsblog.bsky.social · 04/09/2026

Microsoft fired an at-will employee for whistleblowing. It appears that Texas law says you can’t fire an at-will employee for refusing to engage in unlawful activity unless they whistleblow. Firing them for whistleblowing is fine. www.contractsprofblog.com/2026/09/whis...

contractsprofblog.com

Whistleblower Suit Against Microsoft Dismissed with Leave to Amend Complaint

Frederick Olson joined Microsoft in 2021 as an at-will employee. Microsoft contracted to provide IT services to Freddie Mac, and in December 2023 Olson

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KProfsBlog @kprofsblog.bsky.social · 03/09/2026

Last month, we posted about AmEx's loss in Pizza Hazel, because its purported agreement with merchants was illusory. In 5-Star, the First Circuit confirmed a District Court’s refusal to compel arbitration after AmEx refused to pay arbitration fees. www.contractsprofblog.com/2026/09/upda...

contractsprofblog.com

Update on AmEx Antitrust Litigation

We posted last week about Pizza Hazel v. American Express Co. That case involves antitrust allegations relating to AmEx’s insistence on anti-steering

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KProfsBlog @kprofsblog.bsky.social · 01/09/2026

It’s Tuesday, so we have tips for new scholarship on SSRN on: merger agreement anomalies by Stephen Bainbridge, labor arbitration by Richard Bales and the engagement ring cases by Bruce M. Price & Anoosh Ali www.contractsprofblog.com/2026/09/tues...

A stack of books on a coffee table, image by Microsoft Copilot

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KProfsBlog @kprofsblog.bsky.social · 28/08/2026

Friday Frivolity: In a new film, Wile E. Coyote sues Acme under a federal consumer protection statute. We ask why he didn’t also make easier claims under strict liability and the UCC. www.contractsprofblog.com/2026/08/frid...

The Looney Tunes character, Wile E. Coyote, holding a stick of dynamite and a match.

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KProfsBlog @kprofsblog.bsky.social · 27/08/2026

When universities leave athletics conferences, they have to pay termination fees that can be in excess of $100 million. Are those fees unenforceable penalties? It depends, but in one case involving smaller fees, the court said they were fine. www.contractsprofblog.com/2026/08/fina...

contractsprofblog.com

Finally, a Court Rules on a Challenge to the Enforceability of College Sports League Transfer Fees

We reported two years ago about Clemson University’s challenge to the $140 million exit fee that the Atlantic Coast Conference wanted to charge for

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KProfsBlog @kprofsblog.bsky.social · 26/08/2026

13 years after _Italian Colors, we have another class action suit against America Express for antitrust violations. This one, and its sister case, seem to have legs. In this case, the arbitration clause is part of an illusory contract. www.contractsprofblog.com/2026/08/this...

contractsprofblog.com

This Time AmEx Can’t Send an Antitrust Claim to Arbitration

Thirteen years ago, the Supreme Court compelled arbitration in American Express Co. v. Italian Colors Restaurants, a case in which a small restaurant

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KProfsBlog @kprofsblog.bsky.social · 25/08/2026

Today’s Tuesday Tips features new work by Russell B. Korobkin, Abraham L. Wickelgren & Ian Ayres, Richard H. Frankel, and Ben Fernandez www.contractsprofblog.com/2026/08/tues...

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KProfsBlog @kprofsblog.bsky.social · 24/08/2026

With help from @williambaude.bsky.social and @epps.bsky.social and their @dividedargument.bsky.social podcast, today’s post explores the law of appeals waivers in plea bargains as articulated in SCOTUS’s Hunter opinion from this year. www.contractsprofblog.com/2026/08/plea...

contractsprofblog.com

Plea Bargains as Contracts

I mentioned in Friday’s post that today’s post is indebted to the Divided Argument Podcast. I try to follow the U.S. Supreme Court (SCOTUS) pretty

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KProfsBlog @kprofsblog.bsky.social · 21/08/2026

Friday Frivolity: setting up Monday’s post inspired by a SCOTUS podcast, I share my five favorite con law/SCOTUS podcasts: What Trump Can Teach..., @dividedargument.bsky.social, @talkingfeds.bsky.social, @strictscrutiny.bsky.social, & Amarica’s Constitution. www.contractsprofblog.com/2026/08/frid...

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KProfsBlog @kprofsblog.bsky.social · 21/08/2026

In a case alleging that Meta violated its own ToS, first the 9th Circuit allowed a contract-based end-run around § 230 and then the District Court found Meta’s $100 limitation on its own liability unconscionable. These are hard time for Internet giants. www.contractsprofblog.com/2026/08/alle...

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KProfsBlog @kprofsblog.bsky.social · 20/08/2026

Nice, short, unpublished 9th Circuit opinion: user is not bound by Terms of Service if the hyperlink is broken and sends you nowhere useful. www.contractsprofblog.com/2026/08/nint...

Seal for the Ninth Circuit Court of Appeals.

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KProfsBlog @kprofsblog.bsky.social · 17/08/2026

A dispute over the constitutionality of an amendment to the Arkansas Constitution turns on the U.S. Constitution’s Contract Clause. The Amendment stopped progress towards a casino into which the Cherokee Tribe had invested $60 million. www.contractsprofblog.com/2026/08/casi...

contractsprofblog.com

Casino Battle Turns on Contract Clause of the U.S. Constitution

The Cherokee want to build a casino in Pope County, Arkansas. The Choctaw, who run a casino just over the border in Oklahoma, don’t want the competition.

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KProfsBlog @kprofsblog.bsky.social · 14/08/2026

Today’s Friday Frivolity column is a quick update on the fate of the Tulsa Athletic, a soccer team that got booted from its league for having an inadequate stadium. It’s the biggest story of outsiders to come out of Tulsa in a while. www.contractsprofblog.com/2026/08/frid...

Image of the cast from Francis Ford Coppola’s 1983 film, “The Outsiders"

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KProfsBlog @kprofsblog.bsky.social · 13/08/2026

Today’s post is about a case from last year out of Ohio that contrasts nicely with a casebook staple. The issue is whether equity will excuse failure to timely renew a lease if the failure is due to the lessee’s negligence. New York says yes, Ohio says no. www.contractsprofblog.com/2026/08/ohio...

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KProfsBlog @kprofsblog.bsky.social · 12/08/2026

Following the lead of @derektmuller.bsky.social, today’s post promotes some Substacks in the legal education space. Warning, the reward for reading good Substacks is more good Substacks to read. www.contractsprofblog.com/2026/08/lega...

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KProfsBlog @kprofsblog.bsky.social · 11/08/2026

The Twelfth Biennial Conference on the Law of Obligations will be held at King’s College London from 13–16 July 2027. The deadline for proposals is September 1st! www.contractsprofblog.com/2026/08/dead...

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KProfsBlog @kprofsblog.bsky.social · 11/08/2026

Tuesday Tips provides links to some of the top contracts scholarship now available for download on SSRN. Lots of co-authored pieces this time, so too many authors to list individually. www.contractsprofblog.com/2026/08/tues...

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KProfsBlog @kprofsblog.bsky.social · 10/08/2026

Touro Law School is hiring for its new FlexTime JD program in Great Falls, Montana. Classes on Sundays; asynchronous coursework during the week. They need people who can teach Torts, Civil Procedure, and Contracts. www.contractsprofblog.com/2026/08/tour...

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KProfsBlog @kprofsblog.bsky.social · 07/08/2026

Today’s Friday Frivolity is an update on the fate of a piano that once belonged to Liberace. After a second trip to the First Circuit, the piano and its 10,000 rhinestones belongs to the Gibson Foundation. www.contractsprofblog.com/2026/08/frid...

Liberace (right) with actor Maureen O’Hara

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KProfsBlog @kprofsblog.bsky.social · 06/08/2026

New today: @drhaward.bsky.social (below) has written a new book about consequential damages from a comparative (anglophone) perspective. He shares an overview on the blog today, and check out the image of the Mill Where It Happened on his book cover! www.contractsprofblog.com/2026/08/what...

Cover of C. Haward Soper’s Excluding Liability for Consequential Loss in International Contracting: A Practitioner’s Guide, featuring an image of the mill where it happened in Hadley v. Baxandale.

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KProfsBlog @kprofsblog.bsky.social · 05/08/2026

In the latest no-bid contract news, @cflav.bsky.social, Andrea Fuller, and Nicholas Nehemas report in @nytimes.com that the administration has entered into no-bid Ks for 11 polar icebreakers when five might do. www.contractsprofblog.com/2026/08/more...

contractsprofblog.com

More No-Bid Contracts from the Trump Administration

In April, we posted about the Trump Administration’s no-bid contracts with an event-planning company, Event Strategies. During my summer hiatus from

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KProfsBlog @kprofsblog.bsky.social · 04/08/2026

For the third time this year, we have a post about faculty members fired for challenging their students in ways that made the students uncomfortable. I reflect a bit on the uses of confronting law students with fact patterns that make them uncomfortable. www.contractsprofblog.com/2026/08/firs...

Vinita Prabhakar, recently terminated from South Florida State College

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