Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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DE Court Adheres to Plain Meaning of Acquisition Agreement Terms
Robert S. Reder
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
James Ching
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
Thomas C. Mahlum
&
Andrew J. Pieper
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
Craig R. Tractenberg
&
Gregg Rubenstein
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
Julian M. Wise, Daniel Martin
&
Justin C. Elliott
The the Rule Against Perpetuities is back in our lives. Here's why.
In the Spotlight: Developing Outparcels in Retail Projects
Michael Di Geronimo
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
Melissa A. Semidey
&
Donna Hoelscher Suchan
Analysis of whether landlord's withholding of consent is unreasonable, absent a defining statute.
Non-Debtor Contract Counterparties in Bankruptcy
By Adam L. Rosen
&
Christopher J. Rubino
What happens when a counterparty seeks protection from the risks in continued performance under a contract with a debtor in bankruptcy.
DIP Financing Agreements
Thomas Fawkes
&
Elizabeth L. Janczak
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
Amy Tonti
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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