Explore a recent Wisconsin court decision on an M&A case where a buyer assumed liabilities for lead paint poisoning. Gain insights into the court’s interpretation of the asset purchase agreement and its impact on M&A transactions. M&A Stories November 14,…
Monthly Archives: November 2018
Buyer Unable to Enforce Noncompetition Covenant in Recent M&A Case
Explore a notable M&A case where an accounting firm faced challenges enforcing a noncompetition covenant after terminating key employees. Gain insights into the legal nuances of termination for cause and the impact on noncompetition agreements. M&A Stories November 12, 2018…
Posted in covenant not to compete, employment agreement, for cause termination Tagged with: accounting firm, asset purchase agreement, business litigation, Client Impact Assessment, Employment agreements, Employment Dispute, Indiana Court of Appeals, Legal Challenge. Buyer's Termination, M&A Case, M&A legal issues, noncompetition covenant, Restrictive Covenant, Termination for cause, Weidner and Company v. Jurgonski & Fredlake CPAS
Buyer’s Missed Opportunity: Overlooking License Agreement in Bankruptcy Acquisition
Explore the legal consequences of a buyer neglecting to secure a patent license during the acquisition of a company in chapter 7 bankruptcy. Learn from the Provider Meds, LLC case. M&A Stories November 9, 2018 In this M&A story, we…
Posted in bankruptcy sale, distressed business acquisitions, executory contracts Tagged with: asset purchase agreement, Bankruptcy acquisition, Chapter 7 liquidation, Court rulings on executory contracts, Due diligence in M&A, Legal battles in acquisitions, M&A legal implications, Patent license agreement, Provider Meds LLC case, Trustee's fiduciary duty
Buyer’s Legal Battle for Lost Profits: Lessons from an M&A Dispute
Explore the intricacies of an M&A setback as a buyer pursues a share in the $5 billion back-to-school market. Uncover the legal battle and key takeaways from a case involving licensing agreements, lost profits, and the importance of proving damages.…
Posted in breach of contract, commercially reasonable efforts, Covenants, damages Tagged with: asset purchase agreement, Breach of contract in M&A, Buyer's burden of proof, Commercially reasonable efforts, Imagination LLC vs. MZ Berger & Co. case, Lessons from failed acquisitions, Licensing agreements litigation, Lost profits in acquisitions, M&A legal dispute, Michigan federal district court case
Legal Battle Unveils Buyer’s Right to Sue Seller Over Undisclosed Union Contract
Explore a recent M&A development where a Nebraska-based buyer faces legal challenges after the seller failed to disclose an existing union contract. Dive into the details of the case and understand the implications for M&A transactions. M&A Stories November 5,…
Posted in due diligence, fraud in business sale, post asset purchase issues, representations and warranties, successor liability, union fringe benefits, union liabilities Tagged with: Asset purchase negotiations, Buyer's rights in M&A, ERISA statutes violation, Legal proceedings in M&A, M&A legal dispute, Post-closing disputes, Risk mitigation in mergers and acquisitions, successor liability, Undisclosed union contract, Union contract review
Clarifying Securities Fraud Claims in M&A: Lessons from O’Connor v. Cory
Explore the intricacies of federal securities fraud claims in M&A through the lens of O’Connor v. Cory. This blog delves into a notable case, emphasizing the importance of clarity in purchase agreements and offering key takeaways for sellers in similar…
Posted in anti-reliance clause, fraud in business sale, full disclosure rep, reliance Tagged with: Business experience in negotiations, Business valuation in M&A, Dallas federal district court, Disclaimer of reliance, Due diligence in M&A, Equity in purchase price, federal securities fraud, fraud carve out, Full disclosure representation, Legal proceedings in M&A, M&A legal, Material Facts Disclosure, O’Connor v. Cory, Purchase agreement, Purchase documents evaluation, representations and warranties, Securities Fraud Claims, Seller's Lawsuit
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