Celebrating 125 Years

Lectures & Events

 
March 2017
Tuesday
28
March
2017
Nico Osteria
6:00 PM - 8:00 PM
/Portals/0/NADevEventsImages/default_event_image_80.jpg
Nico Osteria
1015 North Rush Street
Chicago, Illinois 60611
Wednesday
29
March
2017
Moot Courtroom (A59)
4:30 PM - 5:30 PM
/Portals/0/NADevEventsImages/default_event_image_80.jpg
Speaker: Kenneth L. Marcus, founder and president of the Louis D. Brandeis Center for Human Rights Under Law
Wednesday
29
March
2017
White and Williams LLP
6:00 PM - 8:00 PM
/Portals/0/NADevEventsImages/default_event_image_80.jpg
White and Williams LLP
7 Times Square, Suite 2900
New York, New York 10036-6524
30
-
31
March
2017
Moot Courtroom (A59)
This is a two-day event
/Portals/0/NADevEventsImages/20170330_state_of_our_80.jpg
Approved for 6 hours of in-person CLE credit  |  Webcast live
April 2017
Friday
7
April
2017
CWRU Law School
8:00 AM - 5:00 PM
/Portals/0/NADevEventsImages/20170407_legal_challenges_in_80.gif
6 hours of in-person CLE credit, pending approval
Thursday
13
April
2017
Moot Courtroom (A59)
4:30 PM - 5:30 PM
/Portals/0/NADevEventsImages/20170413_center_for_cyberspace_80.jpg
Speaker: Tim Wu, Professor, Columbia Law School
1 hour of in-person CLE credit, pending approval  |  Webcast live
Wednesday
19
April
2017
The City Club of Cleveland
8:30 AM - 9:30 AM
/Portals/0/NADevEventsImages/20170419_cross_cultural_communications_80.jpg
Kathryn S. Mercer, Professor of Lawyering Skills, Case Western Reserve University School of Law
1 hour of in-person CLE credit, pending approval  |  Webcast live
Thursday
20
April
2017
Moot Courtroom (A59)
4:30 PM - 5:30 PM
/Portals/0/NADevEventsImages/20170420_banning_bibles_death_80.jpg
Speaker: Winnifred Fallers Sullivan, Professor and Chair of the Department of Religious Studies and Affiliate Professor of Law, Indiana University Bloomington
1 hour of in-person CLE credit, pending approval
Monday
24
April
2017
Moot Courtroom (A59)
5:00 PM - 6:00 PM
/Portals/0/NADevEventsImages/20170424_slavery_and_human_80.jpg
Speaker: Dynda A. Thomas, Partner, Squire Patton Boggs
1 hour of in-person CLE credit, pending approval  |  Webcast live
May 2017
Wednesday
17
May
2017
The City Club of Cleveland
8:30 AM - 9:30 AM
/Portals/0/NADevEventsImages/20170517_litigating_world_war_ii_80.jpg
Timothy Webster, Professor of Law, Case Western Reserve University School of Law
1 hour of in-person CLE credit, pending approval  |  Webcast live
Sunday
21
May
2017
CWRU Law School
All-day event
/Portals/0/NADevEventsImages/20170521_commencement_80.jpg
Webcast live
February 2018
16
-
17
February
2018
CWRU Law School
This is a two-day event
/Portals/0/NADevEventsImages/default_event_image_80.jpg
What Lawyers Say Determines Choice of Law in Merger Agreements
Sponsor
CWRU Law Downtown Lecture Series
JAN 21, 2015
8:30 AM - 9:30 AM
Location
City Club of Cleveland
850 Euclid Avenue #200
Cleveland, OH 44114
CLE Credit
1 hour of in-person CLE credit available, pending approval
Professor Kostritsky's paper will address the reasons underlying the choice of law made in a set of approximately 400 merger agreements. Miller and Eisenberg have hypothesized that companies specify New York, rather than Delaware law, because New York contract law is more formalistic. She became interested in exploring whether this shift exists (a separate paper explores whether the data supports finding of a shift) and in this paper she explores why lawyers and clients make a particular choice of law. Rather than relying on a hypothesis that that a preference for formalism underlies a particular choice of law, Professor Kostritsky asked lawyers what matters to them and their clients in making the choice of law decision.

Contrary to her own expectation that the location of the attorney would be the driving force in such decisions, because of concerns with malpractice, lawyers themselves ranked the presence of a branch office in the chosen jurisdiction relatively low on the reasons governing the choice.

To better understand the choice of law issue, Professor Kostritsky designed a survey sent out to 812 lawyers identified from the EDGAR database complied by the SEC as a lawyer who worked on a merger agreement during the period of Jan 1, 2011 to June 30, 2011. The survey responses shed light on several issues including who chooses the law (client or lawyer), what factors (ranked in order of preference) influence the choice of law in New York and in Delaware, how Delaware and New York compare in terms of formalism, the degree of comfort with New York and Delaware contract law, and the influence of the forum on the choice of law.
Speaker Information
Juliet Kostritsky
Juliet Kostritsky
Everett D. & Eugenia S. McCurdy Professor of Contract Law
Case Western Reserve University School of Law


Professor Kostritsky is the Everett D. and Eugenia S. McCurdy Professor of Contract Law at Case Western Reserve University. Her research focuses on legal interventions in incomplete contracts, trade usages, contract interpretation, promissory estoppel and illegal contracts. She teaches Contracts, Law and Business, Commercial Paper, Sales, and Advanced Contracts. The first year classes in 2001, 2002, 2004 and 2007 voted Professor Kostritsky their favorite professor. Prior to joining the Case law faculty, Professor Kostritsky was an associate with the New York law firm of Milbank, Tweed, Hadley & McCloy. She graduated with a B.A. from Harvard and a J.D. from the University of Wisconsin where she was a member and articles editor on the Wisconsin Law Review. After joining the Case faculty, Professor Kostritsky visited at Northwestern University School of Law in Chicago. Kostritsky is a member of the American Law Institute (ALI) and the American Law and Economics Association (ALEA).

Additional Information
8:00 a.m. Registration and continental breakfast.
1-hour gratis CLE credit pending approval.
Space is limited. Registration required.

Browse Lectures
Current LecturesPast Lectures


Get the latest news from CWRU Law directly to your inbox