Category: Contracts

What do your grant documents say? Part 2, you get what you negotiate

24 May, 2011 (10:27) | Cities, Contracts, Enforcement, Incentives, Innovations, Regulation, Soft debt, States, US News |

[Continued from yesterday's Part 1.]   By: David A. Smith    Yesterday we saw, via a Wall Street Journal article, that state or local entities that offer relocation incentives to businesses can hold the businesses to their promises, via enforceable agreements (mislabeled grants but really forgivable soft loans with a pre-negotiated forgiveness schedule, FSLwPNFS’s).  But […]

What do your grant documents say? Part 1, you collect what you enforce

23 May, 2011 (10:04) | Cities, Contracts, Enforcement, Incentives, Innovations, Regulation, Soft debt, States, US News |

By: David A. Smith    You must not think it cant A grant is not a grant It can be just a loan The fundamental rules apply As grants get clawed   When I teach someone new the basics of bridge, I start always with the play, not the bidding, because although the bidding happens […]

BP BK: Part 2, capping the economic damages

7 July, 2010 (14:13) | Bankruptcy, BP, Capital markets, Contracts, Ecosystem, Environmental, Liability, Litigation, Risk, Risk mitigation, US News |

By: David A. Smith   [Continued from yesterday's Part 1.]   As we saw in yesterday’s post on risk mitigation, using as our illustrative case the BP mess, using an under-noticed Grist.org article with bankruptcy expert Peter S. Kaufman, BP is facing a toxic American gusher – a spewing mountain of claims that is all […]

BP BK: Part 1, a gushing economic spill

6 July, 2010 (11:35) | Bankruptcy, BP, Capital markets, Contracts, Ecosystem, Environmental, Liability, Litigation, Risk, Risk mitigation, US News |

By: David A. Smith   When the mule becomes stubborn, what do you do?   Flog it?  Cajole it?  Bribe it?   Fix it!   Shoot it?   That was fun – now what?   As highlighted in a Grist.org article I stumbled over, this is quite the conundrum.   As the capital provider – […]

The AIG Hearings: Part 2, “… Uh, who’s gonna defuse all these bombs?”

24 March, 2009 (09:59) | AIG, CDCs, Contracts, Global news, Subprime, US News |

[Continued from yesterday's Part 1.]   It takes two whole days’ worth of posts to document, in excruciating detail, just how asinine was the grandstanding taking place in Washington last week as first Ed Liddy and then every TARP recipient was skewered by an outraged Congressional mob.    Citizens united for shibboleths!   As I […]