Virtually every bank’s form lending program agreement we’ve negotiated for our fintech clients has come with an exclusivity provision. The bank’s policy behind them is simple: We’ve put in the time, effort, expertise...more
Negotiating and signing a Letter of Intent (LOI) is a key inflection point in the process of selling your business. Buyers and sellers both want the LOI to ensure a base level of understanding on certain key terms such as...more
Earlier this year, firm Associate Darden Copeland attended The Racing Attorney Conference (TRAC) for its 15th annual conference at Circuit of the Americas in Austin, Texas. ...more
In the aftermath of a 2018 U.S. Supreme Court ruling that repealed the federal ban on state-sponsored sports wagering, the sports wagering market has proliferated across the United States at an expedited pace. Since the...more
If you are like most wine brands, DTC through your tasting room, club, and website can only take you so far. Success usually means accessing the general on- and off-premise markets, and accessing those markets means working...more
On May 11, 2023, the federal district court in Rapid City, South Dakota, concluded that the South Dakota motor vehicle dealer law did not provide an exclusive list of “good cause” franchise terminations. Eddie’s Truck...more
In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways...more
Integrated Marketing Promotions: How Do Brand Tie-Ins Work? I’m a Skipper in a Barbie world. Even if the brunette little sister doesn’t make an appearance, I can’t wait to see the Barbie movie this weekend. Warner Bros....more
In 2022, the influencer marketing industry was valued at US$16.4 billion, and that number is expected to grow to US$21.1 billion by the end of 2023. For brands who have not yet taken advantage of marketing through influencers...more
On May 10 2022, the EU Commission adopted the new Vertical Block Exemption Regulation and Vertical Guidelines. The regulation includes several significant new developments including readjusting the safe harbour and providing...more
If you ever noticed a coupon dispenser or colorful cardboard display while walking down the aisle of your local supermarket, there is a good chance it was put there by News Corp.’s News America Marketing (NAM) – in-store...more
Many transactions begin with the delivery by one party to the other of a letter of intent (“LOI”). The LOI is a document setting forth the parties’ intent to enter into a transaction and summarizing certain salient business...more
Settlements are a frequently used means of efficiently terminating proceedings, not only in cartel cases but also in other antitrust proceedings. The EU Commission can avoid having to spend resources on a time-consuming...more
Given the uncertainty in reimbursement from private insurance and government programs such as Medicare and Medicaid, it is important early on to consider how best to land and leverage relationships with key customers and...more