You Use It, You Pay for It: TRP Brands Reinforces Landlord Rights

When tenant debtors continue to use leased space after filing for bankruptcy, they, by definition, benefit from such use. Landlords often hold off on pressing available remedies because of the debtor’s continued use and failure to reject. The TRP Brands decision confirms that tenant debtors cannot have it both ways: post‑petition use induces landlord reliance, constitutes a …

Just Another NDA? Why M&A Confidentiality Agreements Are Different

When it’s time to finally sell your company or if you’re exploring a potential acquisition target, one of the first documents you will encounter is the confidentiality agreement or non-disclosure agreement (“NDA”).  You say to yourself, I’ve seen hundreds of NDA’s (perhaps more) in my day-to-day business, so “I’m fine signing just another NDA!”  However, …