In the rapidly evolving landscape of college athletics, the emergence of NIL (name, image and likeness) deals has introduced a host of new complexities. This January, a pair of very public transfer disputes (both, coincidentally, involving highly rated quarterbacks) brought the growing tension between athlete autonomy and institutional interests to the fore.
A recent district court decision provides key lessons in the latest on liability management exercises. The U.S. District Court for the Southern District of Texas, in Wesco Aircraft Holdings v. SSD Investments, reminds parties that it is critical to use precise language in debt documents rather than assuming the existence of implied rights, particularly where such rights are considered sacred.
In 23XI Racing LLC v. National Association of Stock Car Racing LLC (NASCAR), racing teams 23XI and Front Row Motorsports Inc. sued NASCAR, including over the latter’s inclusion of a waiver clause in agreements that permit teams to compete in NASCAR’s pinnacle Cup Series.
By giving preference to the guaranty’s release conditions and interpreting “surrender” in the guaranty to mean tenant-side relinquishment of possession and control, the court confirms that guaranty discharge can be self-executing, without the need for any landlord acknowledgment which was required under the prior prevailing authority on the subject.
The circumstances attending each purchaser’s or seller’s failure to close on the Time Is of the Essence closing date is always unique, and this has resulted in an innumerable variety of judicial decisions applied to ever-changing real estate scenarios.
Most contracts dealing with the sale and purchase of commercial real estate provide the purchaser with two primary remedies if the seller defaults, one of which is the right to seek specific performance of the seller’s obligations under the contract. This article explores some situations where specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance.
In 1997, Supertramp members Roger Hodgson and Rick Davies, the band’s main songwriters, agreed to share their songwriting and publishing income with the group’s three other members — John Helliwell, Robert Siebenberg and Douglas Thomson — and their personal manager David Margereson. But there was one key point missing in the participation memorandum: The agreement didn’t state how long it would remain in effect. It wasn’t until August 2025 that the issue was decided, by the U.S. Court of Appeals for the Ninth Circuit.
Artificial Intelligence (AI) is permeating every phase of construction — redefining how buildings and projects are designed, managed, and maintained. This article offers practical analysis, sample clauses, and insights into how AI-specific contract terms can mitigate risk and facilitate responsible innovation.
The next company general counsel to slide a morality clause across the desk for a celebrity or web influencer to sign shouldn't be surprised if that talent also whips out a morals clause, one to cancel the contract if the company's brand acts immorally.
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."
