Our People

Eric A. Zacks

Corporate, Mergers & Acquisitions and Emerging Growth

Eric A. Zacks

Corporate, Mergers & Acquisitions and Emerging Growth

Full-time member of the faculty at Wayne State University Law School, where he is an Associate Professor of Law.

Teaches mergers & acquisitions, corporate finance, corporations, securities regulation, contracts, and a transactional law competition course.

Significant experience advising private business entities and individuals, including private equity funds and their portfolio companies, with respect to complex acquisitions and divestitures, debt and equity financings, management equity/employment arrangements, supplier and sales representative agreements, as well as general business operations and other corporate matters.

Scholarship focuses on modern consumer contracting practices and the relevance of behavioral and cognitive sciences to the legal and social construction of contract formation, breach and enforcement.

Education

Harvard Law School
- Juris Doctor
- Honors: Magna Cum Laude
- 2000 Williston Contracts Competition, 2nd Place Winner
University of Michigan
- B.A. in Political Science
- Honors: Graduated with High Distinction
- Pi Sigma Alpha, Political Science Honor Society
- Sigma lota Rho, Honor Society for International Studies
- Phi Beta Kappa

Admitted

Michigan

Awards

2013 Donald H. Gordon Award for Excellence in Teaching at Wayne State University Law School
2013 Professor of the Year, as voted by the second and third year students at Wayne State University Law School
2012 Professor of the Year, as voted by the second and third year students at Wayne State University Law School

Publications

“Contracts in Context: From Transaction to Litigation” (2019) (with Nadelle Grossman)
“No Brakes: Loan Acceleration and Diminishing Foreclosure Defenses,” 18 Wake Forest J. Bus. & Intell. Prop. L. 389 (2018) (with Dustin A. Zacks)
“The Restatement (Second) of Contracts §211: Unfulfilled Expectations and the Future of Modern Standardized Consumer Contracts,” 7 WM. & MARY BUS. L. REV 733 (2016)
“The Moral Hazard of Contract Drafting,” 42 FLA. ST. U. L. REV. 991 (2015)
“A Standing Question: Mortgages, Assignment and Foreclosure,” 40 J. CORP. L. 705 (2015) (with Dustin A. Zacks)
- Featured in Keeping Current, 29 PROBATE & PROPERTY 17 (Sept./Oct. 2015)
“Contract Review: Cognitive Bias, Moral Hazard, and Situational Pressure,” 9 OHIO ST. ENTREPREN. BUS. L.J. 379 (2015)
“Not a Party: Challenging Mortgage Assignments,” 59 ST. LOUIS U. L.J. 175 (2014) (with Dustin A. Zacks)
- Cited in Yvanova v. New Century Mortg. Corp., 62 Cal. 4th 919 (2016)
“Shame, Regret, and Contract Design,” 97 MARQ. L. REV. 695 (2014)
- Featured on ContractsProf Blog: http://lawprofessors.typepad.com/contractsprof_blog/2014/06/the-immorality-of-disclosure-and-contract-design.html
“Contracting Blame,” 15 U. PA. J. BUS. L. 169 (2012)
- Featured on The Situationist: https://thesituationist.wordpress.com/2013/03/09/contracting-blame/
- Featured on ContractsProf Blog: http://lawprofessors.typepad.com/contractsprof_blog/2014/06/the-immorality-of-disclosure-and-contract-design.html
“Unstacking the Deck? Contract Manipulation and Credit Card Accountability,” 78 U. CIN. L. REV. 1471 (2010)
“Dismissing the Class: A Practical Approach to the Class Action Restriction on the Legal Services Corporation,” 110 PENN ST. L. REV. 1 (2005) (with Joshua D. Blank)/li>
- Reprinted in CLASS ACTION LITIGATION AND LIMITATIONS (Icfai University Press, 2008)
- Cited in Brief of Amici Curiae The Legal Aid Society of The District Of Columbia and National Consumer Advocacy Organizations in support of Respondents, AT&T Mobility LLC v. Vincent & Liza, 2010 U.S. S. Ct. Briefs LEXIS 1931
- Cited in Brief of Amici Curiae Public Justice, P.C., The National Association Of Consumer Advocates and The National Consumers League in support of Respondent, Wal-Mart Stores v. Dukes, 2011 U.S. S. Ct. Briefs LEXIS 291

Presentations

Business Judgment Rule and Corporate Oppression Pleadings, Third Annual Symposium on Corporate Actions and Business Law Oppression in the Age of Pandemic, Troy, MI (November 11, 2020)
Contract Consentability: Autonomy Threats, Benefits, and Framing, 15th Annual International Conference on Contracts, Universityof the Pacific McGeorge School of Law, Sacramento, California (February 22, 2020)
Fee-Shifting Provisions in Foreclosures, 12^th Annual International Conference on Contracts, Barry University Dwayne O. Andreas School of Law, Orlando, FL (February 23, 2018)
Fee-Shifting Provisions in Foreclosures, 2017 Midwestern Law & Economics Annual Meeting and Conference, Marquette University Law School, Milwaukee, WI (October 21, 2017)
The Statute of Limitations, Res Judicata, and Acceleration Clauses in Mortgage Foreclosures, 12^th Annual International Conference on Contracts, Southwestern Law School, Los Angeles, CA (February 22, 2017)
The Restatement (Second) of Contracts §211: Unfulfilled Expectations and the Future of Modern Standardized Consumer Contracts, The Law and Society Association 2016 International Meeting, New Orleans, LA (June 2, 2016)
The Restatement (Second) of Contracts §211: Unfulfilled Expectations and the Future of Modern Standardized Consumer Contracts, 11th Annual International Conference on Contracts, St. Mary’s University School of Law, San Antonio, TX (February 26, 2016)
Contract Review: Cognitive Bias, Moral Hazard, and Situational Pressure, The Law and Society Association 2015 International Meeting, Seattle, WA (May 29, 2015)
Bonding and Contract Drafting, 10th Annual International Conference on Contracts, Williams S. Boyd School of Law, Las Vegas, NV (February 27, 2015)
The Moral Hazard of Contract Drafting, The Law and Society Association 2014 International Meeting, Minneapolis, MN (June 1, 2014)
The Moral Hazard of Contract Drafting, 9th Annual International Conference on Contracts, St. Thomas University School of Law, Miami Gardens, FL (February 22, 2014)
The Moral Hazard of Contract Drafting, ClassCrits VI Symposium – Stuck in Forward?, Southwestern Law School, Los Angeles, CA (November 16, 2013)
Shame, Regret, and Contract Design, The Law and Society Association 2013 International Meeting, Boston, MA (June 1, 2013)
Shame, Regret, and Contract Design, 8th Annual International Conference on Contracts, Texas Wesleyan University School of Law, Fort Worth, TX (February 22, 2013)
Shame, Regret, and Contract Design, Faculty Workshop, Case Western Reserve University School of Law, Cleveland, OH (January 31, 2013)
Shame, Regret, and Contract Design, Central States Law Schools Association 2012 Scholarship Conference, Cleveland-Marshall College of Law, Cleveland, OH (October 19, 2012)
Contracting Blame, 7th Annual International Conference on Contracts, Thomas Jefferson School of Law, San Diego, CA (March 2, 2012)
Contracting Blame, Faculty Workshop, University of Toledo College of Law, Toledo, OH (January 27, 2012)

Prior Employment Experience

Honigman Miller Schwartz and Cohn LLP, Corporate and Securities Department, Partner: January 2007 – June 2010, Associate: September 2002 – December 2006

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Eric A. Zacks

Eric A. Zacks

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