DE Court Adheres to Plain Meaning of Acquisition Agreement Terms
The decision in <i>Winshall v. Viacom International Inc.</i> certainly is of comfort to dealmakers and practitioners who are responsible for negotiating and documenting M&A transactions. Here's why.
Features
New Recess Appointments Case Roils NLRB and CFTC
The consequences for the NLRB of <i>Noel Canning v. NLRB</i>are so potentially catastrophic that the Board must of necessity must seek certiorari from the Supreme Court.
3-D Printing: Strategies to Anticipate the Next Disruptive Technology
Large-scale, consumer 3-D printing is fast approaching, and with it will come a host of complex and uncertain legal issues for businesses as they try to protect their proprietary goods.
Features
Necessary Formality in Franchise Agreements
A recent federal court decision from Wisconsin suggests that expansive and formal franchise agreements are a necessary evil. A look at <i>Everett v. Paul Davis Restoration.</i>
Descending into Perpetuity
The the Rule Against Perpetuities is back in our lives. Here's why.
In the Spotlight: Developing Outparcels in Retail Projects
The ability of a developer to ultimately sell an outparcel for its maximum value often is dependent to a large degree on the legal status of the outparcel ...
Features
Landlords' Withholding of Consent Under a Lease
Analysis of whether landlord's withholding of consent is unreasonable, absent a defining statute.
Non-Debtor Contract Counterparties in Bankruptcy
What happens when a counterparty seeks protection from the risks in continued performance under a contract with a debtor in bankruptcy.
DIP Financing Agreements
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and discusses the effect of pre-petition indemnifications on the bankruptcy estate.
A Longer Statute of Limitations Period for Pursuing Fraudulent Transfer Actions May Exist
Transactions that closed more than four or even six years post-transfer, nonetheless may be subject to an avoidance action for recovery of a fraudulent transfer.
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