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Features

The Pros and Cons of Physical and Logical Collections

Veeral Gosalia

In the wake of the ruling in <i>National Day Laborer Organizing Network</i>, corporations need to assess which collection methodology should be used.

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&amp;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.

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