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In this episode…Prof. Darren Rosenblum of the Elisabeth Haub School of Law explains liquidated damages clausesSome key takeaways are: 1. Liquidated damages are damages parties agree to and include in the contract in the event of a breach.2. Courts are reluctant to enforce liquidated damages clauses if they are dollars used to incentivize parties not to breach (punishments cloaked as damages)3. When choosing whether to uphold a liquidated damages clause, a court will consider the reasonableness of the damages clause concerning the breach.4. Courts look favorably on liquidated damages clauses where the harm that would result from the breach is hard to calculate (e.g. the loss of the use of a new road)About our guest…Professor Darren Rosenblum joined the Pace Law faculty in 2004 and became a full professor in 2009. He teaches Contracts, Corporations, and International Business Transactions, and serves as the Director of the Business Law Concentration, Director of Commercial and Private International Law Programs and Faculty Advisor of the Institute for International and Commercial Law. His scholarship focuses on corporate governance, in particular on remedies for sex inequality.Professor Rosenblum clerked in the U.S. District Court of Puerto Rico from 1996-1998 and then practiced international arbitration at Clifford Chance and Skadden, Arps, Slate Meagher, and Flom in their New York offices from 1998-2004. He represented primarily non-U.S. clients in multilingual arbitration and litigation matters. Professor Rosenblum has served as a visiting professor at Sciences Po Law School in Paris, American University and Seattle University and has taught at Fordham and the University of Pennsylvania Law Schools. He has presented his work and lectured in English, French, Spanish, and Portuguese.In 2011, he was a Fulbright Research Scholar in France to perform an empirical study on the French quota for women on corporate boards which he presented as the guest of honor at the French National Assembly. He also presented this research at the Federal Election Commission (U.S.), the European Commission Justice Department and at workshops and conferences at the law faculties of Chicago, Harvard, Sciences Po, and Yale, among others.Want to learn more about Prof. Rosenblum? Visit the link below: https://law.pace.edu/faculty/darren-rosenblumAs always, if you have any suggestions for an episode topic, please let us know! You can email us at leslie@lawtofact.com or tweet to @lawtofact. Don’t forget to follow us on Twitter and Instagram (@lawtofact) and to like us on FaceBook! And finally, your ratings and reviews matter! Please leave us a review on iTunes.Want to stay updated on all things Law to Fact? Join our mailing list by visiting us at www.lawtofact.com.
Back in 2016, months before the Presidential election, attorney Michael Cohen secretly recorded a conversation with his client, Donald Trump, discussing the payment to a former Playboy model, Karen McDougal, who alleged she had an affair with Trump. These recordings bring up a myriad of legal issues when it comes to attorneys and their clients, but it also breaches the question—could the content collected from these recordings be a violation of federal campaign finance law? On Lawyer 2 Lawyer, hosts Bob Ambrogi and Craig Williams join attorney and professor Rebecca Roiphe from New York Law School and attorney and professor Bennett Gershman from Pace Law to discuss the Michael Cohen tapes, legal ethics, attorney-client privilege, campaign finance law, the impact of these tapes, and what lies ahead for attorney Cohen and the President. Rebecca Roiphe is an attorney and professor from New York Law School. Rebecca worked as an Assistant District Attorney in the New York County District Attorney’s Office where she prosecuted money laundering, securities fraud, and corporate crime. Bennett Gershman is an attorney and professor from Pace Law. While in private practice he specialized in criminal defense litigation. He served for four years with the Special State Prosecutor investigating corruption in the judicial system. He is one of the nation’s leading experts on prosecutorial misconduct. Special thanks to our sponsors, Clio.
In this episode, two Pace Law rising 2Ls, Brigid O'Hara and Nick Bickerstaff, discuss their experience in law school. The conversation includes discussions of what entering law students can do the summer before law school to best prepare (spoiler alert -- have fun and relax) and what they did right and what they would do differently in their first year of law school.