For the past few years, the National Business Law Scholars Conference has sponsored a program for prospective business law professors.  Typically, this session is scheduled as part of the two-day annual conference, which is held in June of each year.  In 2020 and 2021, the annual conference had to move online.  In an effort to avoid Zoom fatigue, we have hosted the program virtually on a separate day last year and this year.

This year’s installment of our “market entry” panel and the accompanying keynote is being held next week–on the afternoon of Wednesday, August 11.  The panel discussion, featuring senior and junior business law scholar-teachers, will be moderated by Toledo Law’s Eric Chaffee and take place from 2:30 pm to 3:45 pm.  The keynote presentation will be offered by UC Davis Law’s Afra Afsharipour and is expected to start at 4:00 pm with a Q&A session that lasts until 5:00 pm.  (All times are Eastern Time.)

To participate, please contact Eric Chaffee or me for a link to the Zoom session.

These programs are so valuable for business law folks who desire to enter the teaching field–something I did (from practice) 21 years ago.  We have been pleased to note Villanova Law’s  entry into this space, too, with its second full-day “Future Business Law Professors Conference” on Friday, September 10.  It is super to see such strong support for entry-level business law faculty!

The University of Oregon School of Law invites applications for a tenure-track assistant professor focusing on business/corporate law, to begin in August 2022. Oregon Law has a nationally recognized Business Law Program and we are excited to continue building our institutional expertise in that area. Applicants must have scholarship, teaching, applied research experience, and/or practice expertise in business law, corporate law, and/or related fields. All methodologies and approaches are welcome.

To review our job posting and application instructions, please click here: https://careers.uoregon.edu/en-us/job/527574/assistant-professor-of-law  

The University of Oregon School of Law is a dynamic ABA-accredited law school and Oregon’s only public law school. Degrees offered include Juris Doctor (JD), Master of Laws (LLM), Master of Conflict and Dispute Resolution (CRES), and a minor in undergraduate legal studies. Oregon Law’s mission is to provide a world-class education. We prepare students through excellent classroom teaching paired with a multitude of practical experience opportunities and robust professional development. Our faculty produce exceptional research and scholarship. We accomplish our mission in a positive, inclusive environment where we strive to provide everyone opportunities to grow, contribute, and develop. Our aim is to learn, teach, and practice the principles of equity and justice as critical foundations for our overall effort to achieve excellence as a top-ranked law school. Success in this work requires a diverse group of people in various faculty and staff roles working in one of our two locations, Eugene and Portland. The University of Oregon is located within the traditional homelands of the Southern Kalapuya. Learn more about Oregon Law at law.uoregon.edu.

Dear BLPB Readers:

The Department of Business Law at California State University Northridge (CSUN) is hiring!

The Department of Business Law invites applications for a tenure-track position at the Assistant Professor level. J.D. or J.S.D. from an ABA-accredited law school and admission to the bar at time of appointment required.  In addition, previous experience and proven excellence in teaching law, business ethics, or related courses at the university level, a history of scholarly research and publications, experience practicing law, and business experience are preferred. An LL.M., M.B.A. or other graduate degree in business or economics from an accredited college or university, law review membership, and experience as a law clerk at the appellate level are desirable. At time of appointment, the candidate must meet and must continue to maintain current AACSB International “Scholarly Academic” standards of qualification throughout their tenure. 

Complete job posting information is here: Download 22-02 Business Law (CSUN)

STETSON UNIVERSITY COLLEGE OF LAW seeks to fill up to two entry-level tenure-track positions, with a possibility of a third visiting position. While our needs are flexible, we have a particular focus for entry-level positions relating to our newly-created Business Law Concentration, especially in areas of Business Entities, Mergers and Acquisitions, and Securities Regulation, as well as in the areas of Intellectual Property (emphasis on Patent Law) and Professional Responsibility. We may also have a need for a visitor in Constitutional Law or Legal Writing. Other doctrinal areas may be considered depending on our developing institutional needs.

Located in Florida’s Tampa Bay area, the nation’s nineteenth largest metro area, Stetson was established in 1900 and is Florida’s oldest law school. Our main campus is in Gulfport, just outside St. Petersburg. We also have a part-time program with classes on both the main campus and our satellite campus in downtown Tampa. Stetson has earned a national reputation for its advocacy, elder law, legal writing, and higher education programs, and has Centers for Excellence in Advocacy, Elder Law, and Higher Education Law and Policy. Stetson nurtures a vibrant intellectual community, situated on a beautiful campus. We encourage potential applicants to visit our website at https://www.stetson.edu/portal/law/ to learn more about our school, our community and our programs.

Stetson encourages applications from women, minorities, LGBTQ+ candidates, and all others who will contribute to our stimulating and diverse cultural and intellectual environment. All applicants must have a strong academic record and be committed to outstanding teaching and scholarship. Stetson’s Equal Employment Opportunity policy is available at https://www.stetson.edu/administration/human-resources/media/hotline/eeo-non-discrimination.pdf.

The Faculty Appointments Committee will continue to review applications until positions are filled.

Contact: Applicants should send a cover letter indicating teaching and scholarly interests, a current CV, and at least three professional references to Professors Ellen Podgor and James Fox at facultyappointments@law.stetson.edu or by standard mail to Professors Podgor and Fox at Stetson University College of Law, 1401 61st Street South, Gulfport, FL 33707.

DetroitMercyLogo

Hiring Announcement

University of Detroit Mercy School of Law

Tenure-Track Faculty Positions for 2022-2023

University of Detroit Mercy School of Law is seeking two to three entry-level, tenure-track faculty for the 2022-2023 academic year. Our primary hiring needs are in the areas of Constitutional Law, Criminal Law, Business Law, and Legal Writing, though we welcome inquiries from interested candidates in other areas, including clinicians. Detroit Mercy Law has a unified tenure track regardless of one’s area of teaching focus and supports scholarship from all tenure-track faculty.     

Candidates should have a Juris Doctor degree and send a current CV or resume, along with a cover letter expressing their interest and qualifications, to Prof. Erin R. Archerd, Chair of the Faculty Recruiting Committee, at archerer@udmercy.edu. Candidates may also submit additional materials such as research statements, prior publications, and teaching evaluations. Applications will be reviewed on a rolling basis, with initial, online interviews to begin in Summer 2021.

About Detroit Mercy Law

Led by our new Dean, Jelani Jefferson Exum, Detroit Mercy Law offers a curriculum that complements traditional theory- and doctrine-based course work with intensive practical learning. Students must complete at least one clinic, one upper-level writing course, one global perspectives course, and one course within our Law Firm Program, an innovative simulated law-firm practicum. Detroit Mercy Law also offers a Dual J.D. program with the University of Windsor in Ontario, Canada in which students earn both an American and a Canadian law degree in three years and gain a comprehensive understanding of two distinct legal systems.

Detroit offers a dynamic variety of culinary, cultural, entertainment, and sporting attractions. Detroit Mercy Law is located one block from the riverfront in Downtown Detroit, within walking distance of federal, state, and municipal courts, the region’s largest law firms, and major corporations such as General Motors, Quicken Loans, and Comerica Bank.

Michigan’s largest, most comprehensive private university, University of Detroit Mercy is an independent Catholic institution of higher education sponsored by the Religious Sisters of Mercy and Society of Jesus. We seek qualified candidates who will contribute to the University’s urban identity, social justice mission, commitment to diversity and inclusion, and tradition of scholarly excellence. University of Detroit Mercy is an Equal Opportunity Affirmative Action Employer with a diverse faculty and student body and welcomes persons of all backgrounds.

It is the policy of the University of Detroit Mercy to provide equal opportunity to all employees and applicants for employment. The University will not discriminate in employment on the grounds of race, color, religion, ancestry, national origin, age, sex, height, weight, marital status, sexual orientation, veteran status, medical condition or disability. This policy applies to all terms, conditions and privileges of employment including recruitment, hiring, placement, employee development, promotion, transfer, compensation, benefits, discipline and termination.

Mitchell Hamline School of Law–a leader in pedagogical innovation dedicated to expanding access to high-quality legal education–seeks candidates for five tenure-track/tenured faculty positions beginning in July 2022.

Our faculty has committed to help Mitchell Hamline become an anti-racist law school. We seek to recruit and retain a diverse faculty as a reflection of our commitment to serve the people of our state and nation; to improve the legal profession and expand access to justice; to maintain the excellence of the law school; and to offer our students richly varied perspectives and ways of knowing and learning.

We are looking for:

  • Candidates with experience in law practice, law-related professional fields, or academia who are interested in teaching in any field. We have needs in Civil Procedure, Constitutional Law, Contracts, Criminal Law, Criminal Procedure, Dispute Resolution, Intellectual Property, Legal Writing, Property, Torts, Trial Advocacy, and in our clinical law program.
  • Candidates whose law-practice, teaching, research, or community-service experience has prepared them to contribute to our commitment to diversity and excellence.
  • Candidates who are interested in, and excited about, teaching in our innovative blended learning program (https://mitchellhamline.edu/academics/j-d-enrollment-options/blended-learning-at-mitchell-hamline/).

Candidates must have a J.D. or foreign equivalent degree. We strongly encourage those who attended or taught at the following categories of institutions to apply:

  • Historically Black Colleges and Universities and Law Schools (HBCUs) or Predominantly Black Institutions (PBIs)
  • Tribal Colleges and Universities (TCUs), Native American Serving Non-Tribal Institutions (NASNTIs), or Alaska Native and Native Hawaiian Serving Institutions (ANNHs)
  • Hispanic Serving Institutions (HSIs)
  • Asian-American & Native Pacific Islander-Serving Institutions (AANAPISIs)

We welcome candidates whose scholarly approach contributes to the understanding of law’s impact on marginalized groups or advances equitable access and diversity in education; and candidates whose teaching incorporates effective strategies for educational advancement of students in underrepresented groups.

Our law school is in an historic area of Saint Paul, on the Indigenous homelands of the Dakota Oyate, home to the Penumbra and Fitzgerald theaters, a diverse array of restaurants, and one of the finest chamber orchestras in the world. Just across the river, Minneapolis is the home to the Walker Art Center, First Avenue, the Guthrie Theater, the Minneapolis Institute of Art, and one of the nation’s liveliest performing arts scenes. The city was the birthplace of the American Indian Movement and continues to boast one of the largest urban American Indian populations in the country. Eleven federally recognized tribes, including four Dakota and seven Ojibwe tribes, remain within the State of Minnesota. Minneapolis and Saint Paul are among the top cities for the arts and entertainment, active lifestyles, non-profit organizations, and exceptional levels of volunteer engagement.

Candidates must submit: (1) a resume; and (2) a cover letter that discusses their interest in the position and how their law-practice, teaching, research, or community-service experience have prepared them to contribute to our commitment to diversity and excellence.

The committee will consider applications on a rolling basis until all positions are filled. To be considered for our first set of interviews, submit your application by September 1.

For questions about the application process, contact Professor Tom Cobb, Appointments Committee Chair, at tom.cobb@mitchellhamline.edu.

Mitchell Hamline School of Law is an Equal Opportunity, Affirmative Action Employer. We are dedicated to building a diverse employee base that is committed to teaching and working in an environment focused on equity and inclusion. Each employee is responsible for ensuring equity and inclusion is rooted into their day-to-day work. Employees must strive to promote equity through continuous learning and improvement, the positive development of our community, and the identification and removal of barriers.

I write to encourage applications to our Dean search.  Business law profs are welcome at UT Law (given our business law center and clinics), but so are others!  So, pass this on to folks you know who may be interested.  Copies of this announcement are also being posted to and distributed through the usual channels.  But I am serving on the Dean search committee this time around, so I am also promoting this position here.  I am happy to answer questions.

UTLogo

 

Dean, College of Law 

Knoxville, TN

 

EXECUTIVE SUMMARY

The University of Tennessee, Knoxville (UTK) invites applications and nominations for the position of Dean of the College of Law (UT Law). The university seeks an experienced, collegial, and energetic leader who will provide the inspiration, cohesion, and vision for UT Law and serve as its chief academic and administrative officer. The dean reports to the provost and works closely with the vice provosts, deans of other academic colleges, and UT Law faculty, staff, students, alumni, and other stakeholders (including members of the Tennessee bench and bar), in setting overall academic and strategic priorities for UT Law, allocating resources to move those priorities forward, and developing a collaborative community committed to student success.

As the leader of the state’s flagship law school at a land-grant university, the dean must recognize and support the institution’s duty to serve the people of Tennessee. Because UT Law graduates practice in a wide variety of settings that are subject to change over time, the dean should recognize the significance of preparing law students for diverse practice areas and professions. Moreover, the dean must be able to balance an internal role that engages the law school community with an external role that engages alumni, the state and local bench and bar, state legislators, local governmental officials, and other Tennesseans.

The next dean inherits an active, involved faculty committed to shared governance, a dedicated staff, a strong student body, a supportive campus administration, and a loyal alumni base. UT Law embraces a unitary tenure track for doctrinal, clinic, legal-writing and library faculty, and has developed an egalitarian culture among its faculty, staff, and students. The successful candidate will be a collaborative, transparent, and inspiring leader who is equally committed to teaching, service, and scholarship. The dean will further UT Law’s commitment to diversity, equity, and inclusion; continue to develop a successful fund-raising and alumni-engagement program; promote and, where possible, advance UT Law’s local, regional, and national reputation; and support a community that is engaged, transparent, and inspirational for all its stakeholders.

Candidates should be able to demonstrate relevant experience in managing a comparable enterprise within a complex system like UTK; leading and inspiring a diverse, mission-driven community and stakeholder base; and promoting engagement inside the College, across the campus and the greater university, and within the legal profession and the public. The successful candidate will have strong interpersonal skills, a capacity for creative thinking, and the enthusiasm and demonstrated ability to lead with a spirit of service.

Continue Reading Tennessee Law – Dean Search

In the 1990s, newspapers had a problem.  They wanted their articles to be included in electronic databases like LexisNexis, but such databases being a relatively new technology, the newspapers had not bothered to include database republication rights in their agreements with freelance reporters.  Some publishers argued that their existing contracts covered database inclusion, but the Second Circuit wasn’t having it.  See Tasini v. New York Times Co., 206 F.3d 161 (2d Cir. 2000).  After the Supreme Court held that the articles could not be included in databases without the reporters’ permission, news organizations updated their contracts to cover electronic database republication.

Scarlett Johansson and Disney are now embroiled in their own dispute over a contract impacted by new technology.  Johansson’s contract for the Black Widow movie included a fairly standard provision (at least for big name actors) that she be entitled to a cut of the box office, and to ensure that the box office receipts would be worth her while, she extracted a promise that the movie would receive a “wide theatrical release of the Picture i.e., no less than 1,500 screens.”  In the wake of Covid-19, however, Disney chose to simultaneously release the film in theaters and on its streaming platform, which likely reduced the box office take and Johansson’s cut.  She’s now suing the company for $50 million, but however the case comes out, I think we can safely say that box office sharing contracts going forward will explicitly account for streaming.

And now it seems that shareholder agreements are also being affected by a new “technology” of a sort, namely, SPACs.  In two cases pending in Delaware Chancery, investors in private companies slated for a SPAC merger are arguing that their shareholder agreements impose certain obligations on them in the event of a traditional IPO, but impose no obligations in the event that a company goes public via SPAC.

In the first, Brown v. Matterport et al., 2021-0595, the plaintiff is the former CEO.  He claims that he agreed to a lockup for his shares in the event of an underwritten IPO, but that no such restriction attaches for a de-SPAC transaction – and that Matterport is improperly trying to bind him to a lockup via the merged company’s bylaws.

In the second, Pine Brook Capital Partners v. Better Holdco et al., 2021-0649, a venture capital firm claims that its shareholder agreement only gives the company redemption rights for some of its shares in the event of an underwritten IPO – not a de-SPAC transaction.  (The firm also claims that the company is improperly requiring that larger shareholders – including itself – agree to a lockup as a condition to receiving merger consideration; the complaint does not specify whether its shareholder agreement provides for a lockup in the event of an IPO.)

SPACs have recently become an attractive alternative to IPOs, at least in part because of regulatory arbitrage.  Specifically, the common wisdom has been that projections issued in connection with a SPAC IPO are protected by the PSLRA’s safe harbor while projections issued in connection with a traditional IPO are not.  Also, it seems that while underwriter compensation must be fully disclosed in connection with a traditional IPO, SPAC IPOs may give more leeway for underwriters/investment banks to play multiple roles and leave some fees undisclosed.  But with the Matterport and Better cases, we’re seeing the downside: shareholder agreements were not drafted with SPACs in mind.  I assume that will change for shareholder agreements going forward, but it creates something of a holdup problem right now.

The University of Kansas School of Law invites applications from entry level and junior lateral candidates for two tenure-track, associate professor positions to begin fall 2022.  We will consider candidates in all subject areas, but are particularly interested in the areas of (1) property and (2) business, corporate finance, and transactional law, as well as candidates whose work engages these subjects in dialogue with other areas of law. Qualified candidates who will contribute to the diversity of our law school community, including a diversity of scholarly approaches, are especially encouraged to apply.

 
Applicants must possess a J.D. from an accredited U.S. law school or equivalent degree, and must demonstrate strong scholarly potential and a commitment to excellence in teaching.  The School actively seeks applications from members of groups that are underrepresented in higher education.

Review of applications begins in August and will continue until the positions are filled. Initial interviews will be conducted via Zoom. We will review candidate materials posted in the AALS Faculty Appointments Register (FAR), and also invite applications from candidates not participating in the FAR. Applications must be submitted online:  

and should include a cover letter, a CV/resume, a detailed statement of research interests and future plans, a statement related to diversity, a writing sample, and the names of three references. Materials such as teaching evaluations or additional samples of scholarly work may be requested of candidates at a later date. For fullest consideration, candidates not participating in the FAR should apply by August 25, 2021.

Contact:  Professor Uma Outka, Chair, Faculty Appointments Committee, uoutka@ku.edu  

Qualified applicants will receive consideration without regard to race, color, ethnicity, religion, sex, national origin, age, ancestry, disability status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression or genetic information.

Anthony Rickey and I wrote about hidden conflicts in securities class action litigation and used the State Street case as a key example.  When the special master investigated in that action, discovery revealed an email from Damon Chargois to Labaton, stating:

“We got you ATRS as a client after considerable efforts, political activity, money spent and time dedicated in Arkansas, and Labaton would use ATRS to seek legal counsel appointments in institutional investor fraud and misrepresentation cases. Where Labaton is successful in getting appointed lead counsel and obtains a settlement or judgment award, we split Labaton’s attorney fee award 80/20 period.”

The New York Times reported on the revelations and indicated that the court, client, and class had not been informed of the relationship:

The payment to the lawyer, Damon Chargois, had not been previously disclosed. Mr. Rosen’s investigation unearthed documents showing that Mr. Chargois did no work on the litigation other than help introduce the Arkansas Teacher Retirement System to Labaton roughly a decade ago. In 2011, Labaton filed a lawsuit for the retirement fund that was later consolidated with similar lawsuits filed by a few other law firms.

None of those other law firms, nor Judge Wolf, were aware of the payment to Mr. Chargois. The Arkansas retirement fund also was unaware of any fee arrangement.

In an interesting development, Damon Chargois is now seeking to collect on the referral fee agreement.  He alleges that Labaton had repeatedly pushed him to take less than what he was owed on their agreement.  Reuters’ Alison Frankel has an excellent article covering the dispute.  The case will be interesting to watch to see if more information about referral relationships emerges.