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A Question For the Attorneys Here…

Have to admit … after 33 years of litigating commercial contracts in state and federal jurisdictions from California to Maine, including multitudes of cases in which one party contended it did not assent to the terms, didn’t have an adequate opportunity to review the contractual terms, and/or one party had vastly unfair advantage in the contracting process, I didn’t expect someone to claim that my “take” is no better than a 1L in Professor Vernon’s Contracts class (God rest his soul).

As for your denigration of “issue spotting,” I’d submit that the very essence of contract litigation (and most, if not all, litigation) involves the ability to analyze, “spot issues,” and develop a record relating to those specific issues.

in my experience, the attorneys who insist there is only one issue of consequence in a case frequently get their asses handed to them by the attorneys who can “spot” multiple issues.

FWIW.

P.S. For those who had the phenomenal experience to have Professor Vernon teach contracts, I’ll never forget the first question I heard as a law student - posed by him - “Replevin for a cow. What in the world does that mean?” Wonderful man. Brilliant legal mind.
Vernon humiliated students. Thankfully he was dead before I started. I had Peter Blanck. Far superior.
 
We sign ndas on a daily basis. One way, two way, licensing agreements, complex contracts. You expect litigation on a 25 year old nda where you only had the signatory page? In Johnson County, Iowa, a judge would tell you not to waste his or her time. Even if your nda was for an orgy in an alien spacecraft at area 51 and you catered the event, most courts would throw out the plaintiff. A majority of our ndas have explicit times that they are in force and are generally 1 to 5 years. The analysis here is like first year law students who spew crap for issue spotting so you get a good grade as a 1L in contracts. It has no basis in most courts of first choice, aka district courts in Iowa. If you are under the anticipation that an nda will prevent both parties from non disclosure, I would laugh at you and say, people squeal all the time.

Now, be a man and tell us who was at the orgy?
Absent a time limit, what would be the basis for a judge to toss the contract?

If the caterer showed up with a three page signed agreement, OP could certainly present a defense but why would a judge dump the case?
 
Vernon humiliated students. Thankfully he was dead before I started. I had Peter Blanck. Far superior.

Took three classes from Professor Vernon during my tenure at UI College of Law.
I saw him “humiliate” one student in those 3 semesters. And the student suggested in ConLaw II that this country should just let homeless people starve and die in the streets. Professor Vernon took exception and lit into him. Took him to the woodshed.
That same student later tried to form 3 organizations at the law school: RAG (Republicans Against Gays); MALES (Men Against Liberal Education in Sociery); and another with a similarly themed acronym which escapes me. He ended up transferring to Florida State’s law school for his final year.
If you wrote that Professor Bob Clinton humiliated students, I’ve got no disagreement.
Professor Blanck came to UI College of Law my first year. I had him for one class. Wasn’t contracts but it was a health law class. If memory serves, health law was Blanck’s specialty. Pretty sure that he was well-versed in ADA law.

If Professor Vernon died before you attended UI College of Law, I have a hard time finding your “he humiliated students” claim credible.

If Professor Vernon died before you attended UI College of Law, I also have a hard time finding your claim that one professor is “far superior” to him. Pretty hard to judge a guy from whom you never took a class. Jus’ sayin’.
 
Absent a time limit, what would be the basis for a judge to toss the contract?

If the caterer showed up with a three page signed agreement, OP could certainly present a defense but why would a judge dump the case?
Some contracts are void on their face. For example, these days, buying a slave for x dollars.

Some contracts are voidable. Signing an incomplete document, not having the mental capacity to understand, being incapacitated including drunk or stoned, being coerced like I'll kill you if you don't sign, modifying contracts after signing without written notification.

Generally speaking, in ndas, the purpose of the nda is clearly listed and delineated. This is done for the protection of both parties if it's a 2 way nda. The time period is clearly listed.

As much as the op gave his acceptance to the nda, the other side of the equation is what is the offer? Is it narrowly tailored or infinitely vague even for basic terms.

For all the legal studs on here, please show me case law where a 25 year old incomplete nda was held to be valid.
 
Took three classes from Professor Vernon during my tenure at UI College of Law.
I saw him “humiliate” one student in those 3 semesters. And the student suggested in ConLaw II that this country should just let homeless people starve and die in the streets. Professor Vernon took exception and lit into him. Took him to the woodshed.
That same student later tried to form 3 organizations at the law school: RAG (Republicans Against Gays); MALES (Men Against Liberal Education in Sociery); and another with a similarly themed acronym which escapes me. He ended up transferring to Florida State’s law school for his final year.
If you wrote that Professor Bob Clinton humiliated students, I’ve got no disagreement.
Professor Blanck came to UI College of Law my first year. I had him for one class. Wasn’t contracts but it was a health law class. If memory serves, health law was Blanck’s specialty. Pretty sure that he was well-versed in ADA law.

If Professor Vernon died before you attended UI College of Law, I have a hard time finding your “he humiliated students” claim credible.

If Professor Vernon died before you attended UI College of Law, I also have a hard time finding your claim that one professor is “far superior” to him. Pretty hard to judge a guy from whom you never took a class. Jus’ sayin’.
My brother is also an alumnus. I'm aware of Vernon. And Blanck.

Hopefully, you give back to the law school, much like my brother and me.
 
My brother is also an alumnus. I'm aware of Vernon. And Blanck.

Hopefully, you give back to the law school, much like my brother and me.

So, your opinion is not based on first hand experience but on hearsay?

I am a 30+ year supporter of the college. In many ways.
 
Some contracts are void on their face. For example, these days, buying a slave for x dollars.

Some contracts are voidable. Signing an incomplete document, not having the mental capacity to understand, being incapacitated including drunk or stoned, being coerced like I'll kill you if you don't sign, modifying contracts after signing without written notification.

Generally speaking, in ndas, the purpose of the nda is clearly listed and delineated. This is done for the protection of both parties if it's a 2 way nda. The time period is clearly listed.

As much as the op gave his acceptance to the nda, the other side of the equation is what is the offer? Is it narrowly tailored or infinitely vague even for basic terms.

For all the legal studs on here, please show me case law where a 25 year old incomplete nda was held to be valid.
I get what you’re saying practically speaking. I don’t agree it’s an automatic slam dunk.

Why do you assume it’s an incomplete agreement?
 
Where are the other pages of what he signed? What do they say? He claims they gave him the signing page only. It would be nice to know what the rest said.
Maybe the other side has it?
If I had a dollar for everyone who doesn’t remember signing something, or the surrounding circumstances, and then have the other side produce it…

Now, the reality it seems highly unlikely a catering company would still be in existence, much less put its hands on a 25 year old paper document, but you never know.
 
Maybe the other side has it?
If I had a dollar for everyone who doesn’t remember signing something, or the surrounding circumstances, and then have the other side produce it…

Now, the reality it seems highly unlikely a catering company would still be in existence, much less put its hands on a 25 year old paper document, but you never know.
If the other side has it, that's fine. Generally speaking, when one gets a full nda, they initialize each page so that the sender and receiver know all pages were delivered, read, understood and then signed with full understanding and no duress. If these simple things weren't agreed upon, it becomes a he says/she says. Opposing counsel should ask, did you provide my client with the full nda or just the signatory page? What were the circumstances under which you had my client sign the nda? Did you explain the impact of his signing the document or the subject matter that it pertained to?

You see where I'm going? Things can be fairly easily dismantled.
 
Hitting the Gyro cart after staggering out of Vito's was my 3rd year at Iowa. Unfortunately, about 20% of the gyros ended up on the ground by the Peeing Ladies.
Fun fact, I knew the owner. He told me he cut the amount of meat in half after about 9pm and raised the price because his clientele was too drunk to notice
 
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Fun fact, I knew the owner. He told me he cut the amount of meat in half after about 9pm and raised the price because his clientele was too drunk to notice
George the Greek guy? He used to have a brick and mortar place back in the day, where the modern Molly's cupcakes downtown kind of is. Later it became a chinese place, then baldys sandwich/sub shop.
 
This thread sucks without details. I did find it comical @BubsFinn ran to HBOT to ask a legal question when most lawyers will give a free consultation. Bubs doesn't seem like someone who thinks things through though. Best of luck with your NDA.
 
south park GIF
 
If the other side has it, that's fine. Generally speaking, when one gets a full nda, they initialize each page so that the sender and receiver know all pages were delivered, read, understood and then signed with full understanding and no duress. If these simple things weren't agreed upon, it becomes a he says/she says. Opposing counsel should ask, did you provide my client with the full nda or just the signatory page? What were the circumstances under which you had my client sign the nda? Did you explain the impact of his signing the document or the subject matter that it pertained to?

You see where I'm going? Things can be fairly easily dismantled.
We’re going round and round. No point any longer.
 

Have to admit … after 33 years of litigating commercial contracts in state and federal jurisdictions from California to Maine, including multitudes of cases in which one party contended it did not assent to the terms, didn’t have an adequate opportunity to review the contractual terms, and/or one party had vastly unfair advantage in the contracting process, I didn’t expect someone to claim that my “take” is no better than a 1L in Professor Vernon’s Contracts class (God rest his soul).

As for your denigration of “issue spotting,” I’d submit that the very essence of contract litigation (and most, if not all, litigation) involves the ability to analyze, “spot issues,” and develop a record relating to those specific issues.

in my experience, the attorneys who insist there is only one issue of consequence in a case frequently get their asses handed to them by the attorneys who can “spot” multiple issues.

FWIW.

P.S. For those who had the phenomenal experience to have Professor Vernon teach contracts, I’ll never forget the first question I heard as a law student - posed by him - “Replevin for a cow. What in the world does that mean?” Wonderful man. Brilliant legal mind.
Chair Dancing GIF
 
Have to admit … after 33 years of litigating commercial contracts in state and federal jurisdictions from California to Maine, including multitudes of cases in which one party contended it did not assent to the terms, didn’t have an adequate opportunity to review the contractual terms, and/or one party had vastly unfair advantage in the contracting process, I didn’t expect someone to claim that my “take” is no better than a 1L in Professor Vernon’s Contracts class (God rest his soul).

As for your denigration of “issue spotting,” I’d submit that the very essence of contract litigation (and most, if not all, litigation) involves the ability to analyze, “spot issues,” and develop a record relating to those specific issues.

in my experience, the attorneys who insist there is only one issue of consequence in a case frequently get their asses handed to them by the attorneys who can “spot” multiple issues.

FWIW.

P.S. For those who had the phenomenal experience to have Professor Vernon teach contracts, I’ll never forget the first question I heard as a law student - posed by him - “Replevin for a cow. What in the world does that mean?” Wonderful man. Brilliant legal mind.


whos-gonna-win-here-competition.gif


lionel-hutz-bad-court-thingy.gif
 
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George the Greek guy? He used to have a brick and mortar place back in the day, where the modern Molly's cupcakes downtown kind of is. Later it became a chinese place, then baldys sandwich/sub shop.
Yes, George. He hated frat boys with a passion.
 
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Imagine that but with more hair and lots of chocolate sauce.
This thread sucks without details. I did find it comical @BubsFinn ran to HBOT to ask a legal question when most lawyers will give a free consultation. Bubs doesn't seem like someone who thinks things through though. Best of luck with your NDA.
I wouldn't say I ran to HBOT. It has been more than 25 years. And I'm not really worried about the NDA. This was more of a curiosity for me. Even if I knew the names of the people involved or where the house was, I doubt anyone would care. It's just a weird thing that I saw and haven't thought about it for a very long time. The only thing that sparked my memory about it has been all the P. Diddy discussion going on.
I don't really know what details you're looking for. I was asked to help cater a gay orgy, mostly made up of hairy fat guys. Judging by the house, I assumed the host was rather wealthy and very gay. I was in charge of a chocolate fondue station but the party goers mostly just wanted cups of the chocolate sauce to bring into the other room where the pile was. I didn't go into or even see into the other room, but it was obvious what was happening. A couple of the party goers chose to do their business in the hallway between the main room and where we were. We as the caterers were there for a couple hours. When our time was up, we loaded the van and left. We downed a 12 pack on the way back to the kitchen and laughed at the absurdity of what we just saw. I got an envelope with a stack of $100s a few days later.
I worked a few more gigs with that caterer over the next couple of years, but never went back to that house.
 
I was in charge of a chocolate fondue station but the party goers mostly just wanted cups of the chocolate sauce to bring into the other room where the pile was. I didn't go into or even see into the other room, but it was obvious what was happening.


200w.gif
 
Took three classes from Professor Vernon during my tenure at UI College of Law.
I saw him “humiliate” one student in those 3 semesters. And the student suggested in ConLaw II that this country should just let homeless people starve and die in the streets. Professor Vernon took exception and lit into him. Took him to the woodshed.
That same student later tried to form 3 organizations at the law school: RAG (Republicans Against Gays); MALES (Men Against Liberal Education in Sociery); and another with a similarly themed acronym which escapes me. He ended up transferring to Florida State’s law school for his final year.
If you wrote that Professor Bob Clinton humiliated students, I’ve got no disagreement.
Professor Blanck came to UI College of Law my first year. I had him for one class. Wasn’t contracts but it was a health law class. If memory serves, health law was Blanck’s specialty. Pretty sure that he was well-versed in ADA law.

If Professor Vernon died before you attended UI College of Law, I have a hard time finding your “he humiliated students” claim credible.

If Professor Vernon died before you attended UI College of Law, I also have a hard time finding your claim that one professor is “far superior” to him. Pretty hard to judge a guy from whom you never took a class. Jus’ sayin’.
I was quite lucky in that i never really had any professors who humiliated people at GW. A few highlights...
1. Ralph Clark Nash - basically invented government contracts law as a disclipline, for contracts and govcon. Very much a Yoda-like figure, except much taller.
2. David Seidelson - an old school torts lawyer who seemed to wear the same thing every day, whose variation on socratic was to just sort of gently lead you by the nose where he wanted you to go; once a guy mused that maybe the litigant didn't have a great lawyer, and "Sidebar" snickered, said "let's give him the best lawyer in the world," and kept him up on his feet for 3 days
3. Peter Raven Hansen - dull but fantastic on admin law and national security stuff; probably the most brutal and atypical putdown when a young lady said she "just felt like her answer was right" and he responded "give that response in your law firm and they'll say 'that's great, now can you go unjam the copier?'"
4. Bob Park, a genteel and kind southerner with a heavy florida drawl who never would tell a student they said something stupid but would instead simply reply "yes..." and move on. Had a great conlaw teaching technique for abstract matters, where he'd bring his young kids to class and you had to explain things like judicial review to them. One day we were covering 14A alienage discrimination, and the next day Prof Park came in and told us that we did an excellent job with the kids, but that he was mildly disturbed when his son charlie asked him over dinner the night before "but daddy, the one thing I don't understand is why we have to give these aliens jobs when we don't even know if they're human?"
 
Imagine that but with more hair and lots of chocolate sauce.

I wouldn't say I ran to HBOT. It has been more than 25 years. And I'm not really worried about the NDA. This was more of a curiosity for me. Even if I knew the names of the people involved or where the house was, I doubt anyone would care. It's just a weird thing that I saw and haven't thought about it for a very long time. The only thing that sparked my memory about it has been all the P. Diddy discussion going on.
I don't really know what details you're looking for. I was asked to help cater a gay orgy, mostly made up of hairy fat guys. Judging by the house, I assumed the host was rather wealthy and very gay. I was in charge of a chocolate fondue station but the party goers mostly just wanted cups of the chocolate sauce to bring into the other room where the pile was. I didn't go into or even see into the other room, but it was obvious what was happening. A couple of the party goers chose to do their business in the hallway between the main room and where we were. We as the caterers were there for a couple hours. When our time was up, we loaded the van and left. We downed a 12 pack on the way back to the kitchen and laughed at the absurdity of what we just saw. I got an envelope with a stack of $100s a few days later.
I worked a few more gigs with that caterer over the next couple of years, but never went back to that house.
Ok, the minute you hit "chocolate fondue" we immediately moved into too much information.
 
I was quite lucky in that i never really had any professors who humiliated people at GW. A few highlights...
1. Ralph Clark Nash - basically invented government contracts law as a disclipline, for contracts and govcon. Very much a Yoda-like figure, except much taller.
2. David Seidelson - an old school torts lawyer who seemed to wear the same thing every day, whose variation on socratic was to just sort of gently lead you by the nose where he wanted you to go; once a guy mused that maybe the litigant didn't have a great lawyer, and "Sidebar" snickered, said "let's give him the best lawyer in the world," and kept him up on his feet for 3 days
3. Peter Raven Hansen - dull but fantastic on admin law and national security stuff; probably the most brutal and atypical putdown when a young lady said she "just felt like her answer was right" and he responded "give that response in your law firm and they'll say 'that's great, now can you go unjam the copier?'"
4. Bob Park, a genteel and kind southerner with a heavy florida drawl who never would tell a student they said something stupid but would instead simply reply "yes..." and move on. Had a great conlaw teaching technique for abstract matters, where he'd bring his young kids to class and you had to explain things like judicial review to them. One day we were covering 14A alienage discrimination, and the next day Prof Park came in and told us that we did an excellent job with the kids, but that he was mildly disturbed when his son charlie asked him over dinner the night before "but daddy, the one thing I don't understand is why we have to give these aliens jobs when we don't even know if they're human?"
wrong thread bro
 
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Imagine that but with more hair and lots of chocolate sauce.

I wouldn't say I ran to HBOT. It has been more than 25 years. And I'm not really worried about the NDA. This was more of a curiosity for me. Even if I knew the names of the people involved or where the house was, I doubt anyone would care. It's just a weird thing that I saw and haven't thought about it for a very long time. The only thing that sparked my memory about it has been all the P. Diddy discussion going on.
I don't really know what details you're looking for. I was asked to help cater a gay orgy, mostly made up of hairy fat guys. Judging by the house, I assumed the host was rather wealthy and very gay. I was in charge of a chocolate fondue station but the party goers mostly just wanted cups of the chocolate sauce to bring into the other room where the pile was. I didn't go into or even see into the other room, but it was obvious what was happening. A couple of the party goers chose to do their business in the hallway between the main room and where we were. We as the caterers were there for a couple hours. When our time was up, we loaded the van and left. We downed a 12 pack on the way back to the kitchen and laughed at the absurdity of what we just saw. I got an envelope with a stack of $100s a few days later.
I worked a few more gigs with that caterer over the next couple of years, but never went back to that house.
It's ok, you can go ahead and tell us you're wanting to find out what sort of trouble you might be in when you publish your new book.
 
Imagine that but with more hair and lots of chocolate sauce.

I wouldn't say I ran to HBOT. It has been more than 25 years. And I'm not really worried about the NDA. This was more of a curiosity for me. Even if I knew the names of the people involved or where the house was, I doubt anyone would care. It's just a weird thing that I saw and haven't thought about it for a very long time. The only thing that sparked my memory about it has been all the P. Diddy discussion going on.
I don't really know what details you're looking for. I was asked to help cater a gay orgy, mostly made up of hairy fat guys. Judging by the house, I assumed the host was rather wealthy and very gay. I was in charge of a chocolate fondue station but the party goers mostly just wanted cups of the chocolate sauce to bring into the other room where the pile was. I didn't go into or even see into the other room, but it was obvious what was happening. A couple of the party goers chose to do their business in the hallway between the main room and where we were. We as the caterers were there for a couple hours. When our time was up, we loaded the van and left. We downed a 12 pack on the way back to the kitchen and laughed at the absurdity of what we just saw. I got an envelope with a stack of $100s a few days later.
I worked a few more gigs with that caterer over the next couple of years, but never went back to that house.

That's what we were looking for. You should have just said that to start
 
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