EPISODE · Jan 18, 2026 · 23 MIN
Swiss Cheese Contracts – Mitu Gulati (University of Virginia)
from Talking law and economics at ETH Zurich · host ETH Center for Law & Economics
In this episode of the CLE Vlog & Podcast Series, Mitu Gulati (University of Virginia) and Karol Rutkowski (ETH Zurich) discuss "Swiss Cheese Contracts", a topic drawn from Gulati's new book "Contract Hazards: Lawyers and Their Landmines", co-authored with Stephen J. Choi (NYU) and Robert E. Scott (Columbia University).In the study "Swiss Cheese Contracts: The Costs of Creative Lawyering", Prof. Gulati and his co-authors examine contracting practices in high-yield secured syndicated loans and Liability Management Transactions. They describe how new loopholes are continually discovered and exploited, creating a landscape that increasingly resembles a block of Swiss cheese.References: Stephen J. Choi – New York UniversityMitu Gulati – University of VirginiaRobert E. Scott – Columbia UniversitySwiss Cheese Contracts: The Costs of Creative Lawyeringhttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=5391281Contract Hazards: Lawyers and Their Landmineshttps://academic.oup.com/book/61634Audio Credits for Trailer:AllttA by AllttA https://youtu.be/ZawLOcbQZ2w
What this episode covers
In this episode of the CLE Vlog & Podcast Series, Mitu Gulati (University of Virginia) and Karol Rutkowski (ETH Zurich) discuss "Swiss Cheese Contracts", a topic drawn from Gulati's new book "Contract Hazards: Lawyers and Their Landmines", co-authored with Stephen J. Choi (NYU) and Robert E. Scott (Columbia University).In the study "Swiss Cheese Contracts: The Costs of Creative Lawyering", Prof. Gulati and his co-authors examine contracting practices in high-yield secured syndicated loans and Liability Management Transactions. They describe how new loopholes are continually discovered and exploited, creating a landscape that increasingly resembles a block of Swiss cheese.References: Stephen J. Choi – New York UniversityMitu Gulati – University of VirginiaRobert E. Scott – Columbia UniversitySwiss Cheese Contracts: The Costs of Creative Lawyeringhttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=5391281Contract Hazards: Lawyers and Their Landmineshttps://academic.oup.com/book/61634Audio Credits for Trailer:AllttA by AllttA https://youtu.be/ZawLOcbQZ2w
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Swiss Cheese Contracts – Mitu Gulati (University of Virginia)
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