LucasArts has a license for the game from the comic book's creator, Steve Purcell. That license expires in May [...]
But all hope is not lost:
Although the company is in negotiations for the license of another game, the trio said it is no secret that they want to develop the sequel to "Sam and Max" or something like it.
Gamespot talks to Telltale Games' CEO Dan Connors about their new company. One of the more interesting tidbits:
GS: When do you expect to announce a publishing partner?
DC: We may not. The proliferation of broadband has opened a direct channel to fans of these types of games.
As the lack of distributors has been a big problem for adventure games in the past few years, Telltale Games might have found a way around this problem... unless you're still on dialup, of course.