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The First Circuit Court of Appeals recently issued another opinion (the court’s third) in the long running saga of Tempnology LLC (now known as Old Cold, LLC). The opinion, Mission Product Holdings, Inc. v. Schleicher & Stebbins Hotels, does not blaze any new legal trails. Rather, it upholds the entry of
COVID-19 has injected substantial economic uncertainty into countless businesses of every size. The uncertainty has forced parties to review deals with essential business partners and seek revised terms if possible. Similar discussions are likely to continue for quite some time as the economic fallout continues.
Such efforts reflect three of the Five Keys to Dealing
As discussed in “Five Keys to Dealing Effectively with Disruption” posted last month, denial is a hallmark of disruption. Successfully navigating disruption requires not only avoiding denial yourself – but also ensuring your business partners do not live in that state.
The importance of dealing with the “brutal facts” is not a novel
The United States Court of Appeals for the First Circuit’s recent decision in Tristan Squeri et al. v. Mount Ida College et al. upholds the dismissal of claims brought by former students of Mount Ida College against both the College and certain officers and directors of the College. The students instituted the action as
In The New Boardroom Imperative: From Agility To Resilience Julian Birkinshaw, (Professor of Strategy and Entrepreneurship, London Business School) discusses the critical issue of strategic resilience – the ability “to make smart choices about the scope of business activities in the face of uncertainty.”
Recent posts here have outlined key strategies for tackling business
Many people were looking forward this March to NCAA basketball tournaments – not a march into an economic and human calamity.
Yet, with the pandemic upon us, the need to navigate serious challenges is at hand. Last week, I posted Five Keys to Dealing Effectively with Disruption noting the importance to businesses of:
On March 10, 2020 the MIT Sloan Management Review published “How Leaders Delude Themselves About Disruption” as part of a series on Disruption 2020 published in memory of Clayton Christensen.
The article, authored by Scott D. Anthony and Michael Putz, is focused on the challenges faced by companies experiencing the effects of disruptive innovation.
The Massachusetts Supreme Judicial Court recently issued an important decision (Lynch v. Crawford) involving a volunteer board member’s invocation of immunity from liability for claims made under the Massachusetts Wage Act.
The basic facts of the case are not complex. In 2013 a nonprofit health center encountered distress and closed without paying wages
In February 2019, the United States Supreme Court heard oral arguments in an appeal from the January 2018 decision of the First Circuit Court of Appeals in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC). The case involved the chapter 11 proceedings of a manufacturer of clothing and accessories
In the fall of 2018, the United States Supreme Court agreed to review the January 2018 decision of the First Circuit Court of Appeals in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC). In Tempnology, the First Circuit ruled that a trademark owner that files for bankruptcy can deprive a
