Since a sublease is usually subject to the master lease, subtenants should be aware of how a sublease and master lease are related and the complicated and often opposing goals of the parties to a sublease transaction. For instance, the subtenant will need to understand the legal ramifications of the master lease terminating or expiring before the term provided for in the sublease, says Randy Awdish of Pepper Hamilton LLP.
The Third Circuit ruling in ABC Learning illustrates the core principles of Chapter 15 as a mechanism for promoting the efficient and expeditious administration of cross-border insolvency proceedings. Efforts by creditors to act outside the framework of rules erected by Chapter 15 and the Model Law on Cross-Border Insolvency would undermine the entire system and the universalist approach underpinning it, say Pedro Jimenez and Mark Douglas of Jones Day.
While the so-called “agreements to agree” in merger and acquisition transactions are not new, several recent decisions suggest that, just as good whiskey may go down easily in the evening but pack a punch in the morning, such agreements entered into early in a transaction may result in a particularly long and painful hangover, say David Shine and Aliza Herman of Fried Frank Harris Shriver & Jacobson LLP.
Recent cases prove that a split exists between Texas’ Corpus Christi and Beaumont appeals courts and their Austin and Houston sister courts regarding the “factual basis” requirement of the Texas Certificate of Merit statute governing professional services cases. A Texas Supreme Court petition denial, however, gives some authority to the Austin appeals court's stance, says Pierre Grosdidier of Haynes and Boone LLP.
Few brands have the expertise themselves to create a compelling loyalty program from scratch. The IT demands alone are daunting. And the rewards catalog has to be attractive, with goods, services or experiences that appeal. But on top of the basics of the program itself, a truly successful loyalty program has to be integrated throughout the customer experience with the company's advertising, website, in-store sales and increasingly through mobile channels, says Jonathan Lemberg of Farella Braun Martel LLP.
The New York Supreme Court’s recent summary judgment decision in Le Bel v. Donovan concerns the continued existence of a law firm upon the death of a partner. The decision illustrates that it is very difficult to obtain certainty, even where the partnership agreement explicitly dealt with this very situation, say Joan Secofsky and Richard Janvey of Diamond McCarthy LLP.
Admissibility rules, when properly applied, prevent unsupported, misleading or faulty opinions from being considered. But a California court’s recent decision in Powell v. Kleinman undermines that notion, setting relaxed admissibility standards that will allow groundless claims to progress to trial and consume already scarce judicial resources, says Brian Davies of Sedgwick LLP.
Texas courts have taken a strict approach to applying the heightened plausibility standard for a well-pled complaint to breach of contract claims. Nonetheless, it is surprising that the court in Radenbaugh v. State Farm Lloyds was willing to throw the plaintiff’s claim out on failure to specifically allege that State Farm issued him a property insurance contract, says Amanda Ghagar of Zelle Hofmann Voelbel & Mason LLP.
A recent case from the Eighth Circuit reaffirms the important principle that a franchisor that seeks a preliminary injunction to prevent harm from a covenant breach must act quickly. Courts don't recognize a franchisor's situation, after a 17-month delay, as "urgent" or compelling, says Jason Bush of Baker Donelson Bearman Caldwell & Berkowitz PC.
Among 10 battle-proven strategies for getting your witnesses ready for trial is to role-play the cross-examiner. For instance, if you expect the cross-examiner to yell, get in the witness’ face or use scathing sarcasm, do that during practice to minimize surprises at trial, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.