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Sui Generis: Negotiate Like You Mean It Image

Sui Generis: Negotiate Like You Mean It

Lydia Pilch

As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two of this series addresses various negotiation events, strategies, desired outcomes and potentially low key disasters.

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In-House Counsel Perspective on Negotiating Social Media Influencer Contracts Image

In-House Counsel Perspective on Negotiating Social Media Influencer Contracts

Chris O'Malley

With the FTC amping up its scrutiny in the social media influencer space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck.

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Grappling With Post-Term Commissions In Personal Management Contracts Image

Grappling With Post-Term Commissions In Personal Management Contracts

Stan Soocher

A recent judicial decision in a dispute between a management company and r&b artist KEM involved in part whether discussions about extending the term of years between the parties and increasing the manager's commission were binding, even though post-term commissions weren't discussed.

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Bankruptcy Court Rules Contract to Produce Documentary Was Not a Personal Services Contract Image

Bankruptcy Court Rules Contract to Produce Documentary Was Not a Personal Services Contract

Andrew C. Kassner & Joseph N. Argentina Jr.

Bankruptcy courts continue to adjudicate disputes regarding Section 365 of the Bankruptcy Code, which addresses the disposition of executory contracts between the debtor and third parties. And we continue to report on developments in this area. Often the issue involves whether the contract is an executory contract that is subject to being assumed and assigned.

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Force Majeure Clauses Are Taking Center Stage In Uncertain Times Image

Force Majeure Clauses Are Taking Center Stage In Uncertain Times

Michelle Davis

Force majeure is lurking in the shadows of the Hollywood strikes, offering struggling studios a potential lifeline out of debt. But the best attorneys and the strongest contracts are proactive, rather than reactive. Thus, consider the following drafting tips to strengthen your force majeure language now, in the calm before the next storm.

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It's a Tenant's Market: How to Negotiate and Navigate the Leasing Process Image

It's a Tenant's Market: How to Negotiate and Navigate the Leasing Process

Sandra D. Buchko

A hybrid workforce has meant that office and retail space is in plentiful supply. These high vacancy rates have caused landlord defaults to be on the rise, making it a tenant-friendly environment for leasing space and obtaining tenant-favorable lease terms. Here is a step-by-step tutorial on how to negotiate the best lease terms and navigate the leasing process while saving money on rent, tenant buildout and operating expenses.

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Termination Notices and Copyright Act Claims Accruals Image

Termination Notices and Copyright Act Claims Accruals

Thomas Kjellberg & Robert W. Clarida

Termination is not automatic. It may be effected only through affirmative action on the part of the author or his or her statutory successors, who must serve an advance notice, signed by or on behalf of all of those entitled to terminate the grant, on the current copyright owner within specified time limits and under specified conditions.

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Notice of Pendency In Commercial Real Estate Transactions Image

Notice of Pendency In Commercial Real Estate Transactions

Adrienne B. Koch

Parties to real estate transactions may be tempted to conclude that a notice of pendency will be available in most instances to protect their rights if things go awry. But while the CPLR's description of actions in which a notice of pendency is permitted sounds both clear-cut and extremely broad, in practice it is neither of those things.

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Tips for Achieving More Certainty of Specific Performance Availability Image

Tips for Achieving More Certainty of Specific Performance Availability

Adrienne B. Koch & Neil S. Miller

Both litigators and transactional lawyers know the basic drill: specific performance is available for breach of a contract whose subject matter is so unique that money damages will not adequately compensate the non-breaching party. But it does not necessarily follow that specific performance is generally available for breach of an agreement that involves real estate. This article discusses why and suggests some ways parties can achieve more certainty in this regard.

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Delaware Bankruptcy Court Provides Guidance On Drafting Proxies Image

Delaware Bankruptcy Court Provides Guidance On Drafting Proxies

Robert B. Greco

Proxies in voting and support agreements, secured debt instruments, and other corporate documents should be drafted in a manner that fully reflects the intended scope of the parties' proxy relationship.

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