Reading the reviews of the last game (or first if ya want to call it that) by Infinite Machine im not sure it I would want them to make Sam And Max. New Leends had a really bad review on IGN.
"...As good as the story and weapon variety is, the game is ultimately overshadowed by wonky camera work, uninspired voice acting, poor graphics, and repetitive gameplay. I could forgive the game if it were just the graphics that weren't up to spec, but New Legends just has too many gameplay problems to be worth your time. The Xbox deserves better than this, and so do you."
I love Sam and Max but I don't want to play a version of it made by the company who created the above.
Also, if I.M. wen't out of bisness I doubt we will ever see a Sam and Max game. I don't think Lucas would work again with people who deserted them. I could have this whole thing wrong though.
You could ask the source on the matter too. I remember a while ago seeing the email from S.P. (creator of Sam n Max) on the web. I sent an e-mail to the address and it seemd to check out (I however have lost the address). Has anyone actually asked him or another close to the project?
I'll stop babbling now.