Deal parties may be surprised to learn that a term sheet signed as part of early negotiations can, in some circumstances, continue to be binding after the execution of a definitive transaction ...

The Appellate Division has had occasion to specifically address the enforceability of terms sheets. A critical, but not necessarily dispositive, initial question is whether the term sheet itself ...

TL;DR: Whenever an influential organization publishes a “standard” financing document, important questions need to be asked about not just its specific terms, but also the entire concept of “standard” ...