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Rethinking Liability Management in Club Deals and Direct Lending: Lessons from the Fifth Circuit’s Serta Ruling and Beyond

On December 31, 2024, the Fifth Circuit Court of Appeals (the “Court”) struck down the controversial 2020 “uptier transaction” executed by Serta Simmons Bedding (“Serta”). The Serta case and several other state court and...more

How Contract Provisions and Common Law Principles Will Impact the Sports Business

It’s hard to read the news these days without seeing the dramatic effect of COVID-19 on professional and collegiate sports.  Among others, a number of professional athletes have opted out of their respective seasons, Major...more

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