News & Analysis as of

Successor Interests

Levenfeld Pearlstein, LLC

The “Business Succession” Decision: Is an ESOP A Viable Option?

When business owners consider their business succession options, they often determine their objectives, analyze company resources and capabilities, and review strategic alternatives. Among these strategic alternatives are...more

Smith Anderson

Transferring Federal Government “Other Transaction” Agreements

Smith Anderson on

As we discussed in a prior Alert, parties buying or selling a business must consider how to properly transfer the seller’s contracts to the buyer. Part 42 of the Federal Acquisition Regulation (“FAR”) addresses the contract...more

Winstead PC

Court Determined That A Deed Did Not Create A Trust

Winstead PC on

In Hilderbran v. Tex. SW. Council, Inc., parties donated a ranch via a 1930 deed to trustees for the Boy Scouts. No. 04-22-00736-CV, 2024 Tex. App. LEXIS 4390 (Tex. App.—San Antonio June 26, 2024, no pet. history)....more

Porter Hedges LLP

Wellbore Transactions Update - Conveyances, Reservations And Related Lease Severance Issues

Porter Hedges LLP on

This article focuses on the state of Texas law regarding wellbore rights and various related issues raised by transactions involving such rights (and other similar lease severance issues) and provides some practical tips to...more

Lowndes

Will Recorded Covenants Hold and Remain Binding on Successors in Title to Real Property? A Pivotal Certified Question Heads to the...

Lowndes on

Breaking news from the United States Court of Appeals for the Eleventh Circuit involving the case of RJ's International Trading, LLC vs. Crown Castle South, LLC. The court has certified a pivotal question to the Florida...more

Warner Norcross + Judd

Passing the Family Cottage to the Next Generations

Warner Norcross + Judd on

As the family gathers at the summer cottage or vacation property each season, the senior generation might think about how nice it would be for these multi-generational gatherings to continue for years to come....more

Warner Norcross + Judd

Shared Ownership of Family Cottages, Part One: Does It Make Sense to Pass the Cottage to Future Generations?

As the family gathers at the summer cottage or vacation property each season, the senior generation might think how nice it would be for these multi-generational gatherings to continue after they pass from the scene. And to...more

Akin Gump Strauss Hauer & Feld LLP

California Court Rules That A PAGA Claim Does Not Survive The Plaintiff’s Death

While there are many similarities between class claims and representative claims under the Private Attorneys General Act (PAGA), the different nature of the two types of claims produces divergent results in some contexts. A...more

Goodwin

Delaware Court of Chancery Holds Buzzfeed Not Bound by Pre-SPAC Merger Employment Agreements

Goodwin on

On October 28, 2022, Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery ruled that the declaratory action brought by Buzzfeed Inc. against 91 current and former employees is not bound by arbitration provisions...more

Gray Reed

Were the Mineral Deeds a Gift or a Sale? It Made a Difference.

Gray Reed on

The question presented in Aaron v. Fisher et al: Did mineral deeds bestow separate property upon the grantees by gift, or did they convey a community property interest to the grantees and their spouses by sale for...more

Husch Blackwell LLP

California Permits Pain and Suffering Damages for Survival Actions

Husch Blackwell LLP on

On October 1, 2021, California Governor Gavin Newsom signed California Senate Bill No. 447 into law, which permits a deceased individual’s personal representatives or successors-in-interest to recover damages for the...more

Lathrop GPM

The Franchise Memorandum - Issue # 267

Lathrop GPM on

Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Missouri Federal Court Holds Franchisor Controls Sufficient to Survive Motion to Dismiss...more

Lewitt Hackman

Franchisor 101: Successor Franchisor’s Territorial Takeover

Lewitt Hackman on

A federal court in Connecticut ruled against an urgent care franchisor’s motion to dismiss, finding the plaintiff had standing to sue under Article III of the U.S. Constitution. The court still dismissed the plaintiff’s...more

Jackson Walker

“Parties’ Words Matter” – New Houston Bankruptcy Court Decision in Chesapeake-ETC Dispute Provides Alternative Paths for...

Jackson Walker on

Over the past five years, bankruptcy courts have analyzed whether oil and gas producers’ contracts with midstream oil, gas, and produced water companies may be rejected if they create covenants running with the land. Through...more

Allen Matkins

California Governor Signs "Wacky" Successor Liability Bill Into Law

Allen Matkins on

Suppose you had a ne'er-do-well family member with whom you have not spoken in years.  Suppose further that your family member has a minority interest in a restaurant and that you happen to be a vice president of an unrelated...more

Allen Matkins

California Poised To Enact Wacky Successor Liability Statute

Allen Matkins on

I have previously written about California Assembly Member Lorena Gonzalez's bill, AB 3075, that would would make successor employers liable for their predecessors' unpaid wage judgments.  Last week, Assembly Member Gonzalez...more

Downs Rachlin Martin PLLC

Vermont Court Rules That Commercial Landlord Cannot Be Liable for Injury to Retail Tenant’s Invitee Involving Tenant’s Operations...

In Mowrey v. Eagle Rutland, LLC, et al., Vt. Super. Ct., Docket No. 284-5-18 Rdcv (Aug. 5, 2020), the court held that a non-possessory, arms-length commercial landlord that leased the premises to a supermarket could not be...more

Lewitt Hackman

Franchisee 101: Successor Slips Out of Non-Compete

Lewitt Hackman on

A Florida federal court granted a preliminary injunction against a terminated franchisee. The court enjoined the ex-franchisee from using the franchisor’s trademarks and trade dress. The court enforced the franchisor’s...more

Bass, Berry & Sims PLC

Recent Decision Impacts Complete Successor-In-Interest Claims

Bass, Berry & Sims PLC on

We recently wrote about the impacts of mergers and acquisitions (M&A) on pending bids in Bloomberg Law and our GovCon & Trade Blog. A key point discussed in both articles is that a bidding company’s buyer may not have...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

Rivkin Radler LLP on

United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product 99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s...more

Seyfarth Shaw LLP

No Whine before its Time: USCIS Recognizes Immigration Successorship in Interest for Multinational Executives and Managers

Seyfarth Shaw LLP on

Much like patient vintners, federal immigration agencies often take time to offer up a grand cru. One such agency, U.S. Citizenship and Immigration Services (USCIS), the Homeland Security component that administers the legal...more

Allen Matkins

Court Holds Assignment Vitiates Contract Provision Limiting Damages

Allen Matkins on

Yesterday, a division of the California Court of Appeal came to the rather surprising conclusion that an assignment of a contract deprived the assignor of the benefit of a contractual limitation on liability. Gietzen v....more

Troutman Pepper

Florida Court of Appeals Permits Successor-In-Interest to Pursue Claims Originally Thought to Be Barred by Settlement Agreement

Troutman Pepper on

MBlock Investors, LLC v. Bovis Lend Lease, Inc., etc., et al., 44 Fla. L. Weekly d1432 (3d DCA 2019) - A Florida Appellate Court recently reversed a trial court’s decision granting summary judgment finding an issue of fact...more

Whitman Legal Solutions, LLC

Swapping Violin Bridges and Contract Parties

What are Successors and Assigns Clauses? - Similar to swapping out violin bridges, assignment and successor clauses in contracts describe under what circumstances parties may be substituted in a contract. A typical...more

Spilman Thomas & Battle, PLLC

Careful, Careful: Arbitration of Benefit Claims Under Collective Bargaining Agreements

In Cup v. Ampco Pittsburgh Co., 2018 WL 4101049 (3rd Cir. Aug. 29, 2018), the Third Circuit addressed a case concerning the arbitrability of benefit claims by retirees in the context of collective bargaining agreements...more

43 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide