BLT: October 2010

Business & Corporate

Online False Advertising Risks

Scott J. Slavick

The author summarizes new FTC guidelines pertaining to the use of endorsements and testimonials in advertising. The author focuses on the guidelines as they relate to blogs and social networking sites. The author concludes that the new guidelines expose a new liability risk for employers: false or misleading advertising stemming from employees' online postings about their employer's products or services.

Business & Corporate

Third Circuit Denies Secured Lenders Right to Credit Bid in Plan Sale

The author reviews the decision of the Third Circuit in In re Philadelphia Newspapers, LLC in which the court held that a secured lender does not have an absolute right to credit bid its claim in a sale by the debtor of the lender's collateral as part of a plan of reorganization. The author also comments on the implications of this case for secured lenders.

Business & Corporate

Avoiding "Benefit of the Bargain" Damages in Letters of Intent

This article reviews several cases that have addressed the question: what is the proper measure of damages when a party breaches a binding provision in an otherwise expressly non-binding preliminary agreement? The author also offers steps to take to avoid ending up in litigation regarding the proper measure of damages in such a situation.

Business & Corporate

KEEPING CURRENT: Top-Up Options--Recent Delaware Decisions

The author reviews two recent rulings from the Delaware Court of Chancery that provide certain comfort to parties that seek to benefit from the flexibility of a top-up option as part of an acquisition strategy.

Business & Corporate

TRAINING FOR TOMORROW: Shareholders' Meetings: Form of Minutes of Annual Meeting of Shareholders

A link to the form: Minutes from the Annual Meeting of Shareholders reproduced from the Handbook for the Conduct of Shareholders' Meetings, Second Edition.

Business & Corporate

Inside Business Law

This month’s IBL offers links to materials on business combinations, environmental law, alternative entities, legal developments in the states, commercial loans, and pro bono opportunities.