Explore the complexities of auto dealership transactions, using the case of Foundation Auto Holdings, LLC v. Weber Motors, Fresno, Inc. Learn valuable lessons from this M&A story involving BMW, Audi, and Porsche brands. Uncover the legal actions, key findings, and…
Monthly Archives: November 2023
Resolving M&A Working Capital Disputes: Arbitration vs. Expert Determination
Explore a real case from 2021 involving the sale of a Phoenix-based commercial building remodels and maintenance business for $3.8 million. Delve into the controversy, legal actions, key findings, and implications of the case, providing insights into the dynamic world…
Posted in book value adjustment, dispute resolution procedure, purchase price, working capital adjustment Tagged with: A.R.S. § 12-341.01, Appellate court ruling, Arbitration vs. Expert Determination, Arizona Attorney’s Fee Statute for Contract Disputes, Arizona M&A Laws, asset purchase agreement, Business Sale Case Study, Case Reference: DMS Companies Inc. v. Hernandez, Commercial Building Remodels and Maintenance, Generally Accepted Accounting Principles (GAAP), Grant Thornton, Legal actions in M&A, M&A Dispute Resolution, M&A Working Capital Disputes, purchase price adjustment, Seller-Buyer Disputes
Enforcing Oral M&A Promises: A Cautionary Tale
Explore the legal implications of verbal commitments in M&A negotiations through a real-life case study. Learn from the Management Registry, Inc. v. AW Companies, Inc. case and understand the importance of documenting promises in formal agreements to avoid potential legal…
Posted in problems with oral M&A promises Tagged with: Case Study, Closing transactions simultaneously, Contractual disclaimers, Fraudulent inducement, integration clause, Legal actions in M&A, legal implications, Lessons learned in M&A, M&A controversies, M&A negotiations, Management Registry v. AW Companies, Minnesota law, Oral promises, stock purchase agreement, Written agreements in business deals
Navigating Earnout Disputes: Expert Determination vs. Arbitration
Explore a real M&A case (Sapp v. Indus. Action Services, LLC) involving earnout disputes and the legal battle between expert determination and arbitration. Learn the key findings, implications, and the court’s role in resolving EBITDA threshold disagreements. M&A Stories November…
Posted in arbitration vs expert determination, problems with earnouts Tagged with: accounting firm, arbitration, asset sale, Buyer-seller disagreement, case reference, court intervention, Earnout disputes, EBITDA thresholds, expert determination, Industrial Services, Legal Actions, M&A Disputes, Sapp v. Indus. Action Services LLC, Third Circuit Court
M&A Post-Closing Business Failures: Navigating Legal Challenges
Explore a real-life case of post-M&A business difficulties and legal actions. Learn how the court determined the dischargeability of debt in the face of a struggling business. M&A Stories November 7, 2023 Introduction: In small M&A transactions, deferred purchase prices…
Posted in personal guaranty Tagged with: Bankruptcy court, Bankruptcy Relief, Business Asset Sales, Business Failures, Chapter 7 Bankruptcy, Deferred Purchase Prices, Dischargeability of Debt, Fraudulent inducement, Good Faith Obligations, In Re Crawford, Legal Challenges, M&A Post-Closing, Non-compliance Intent, Post-Closure Business Issues, promissory note
Navigating M&A Legal Complexities: A Close Look at Trade Secrets
Explore the legal intricacies of M&A trade secrets in this in-depth analysis of a recent case. Discover key findings, implications, and the importance of due diligence. M&A Stories November 5, 2023 Introduction: In a recent legal case, an M&A buyer…
Posted in trade secret misappropriation by former seller employee Tagged with: asset purchase agreement, Buyer's Rights, due diligence, Electronic Files, federal court, Lease Agreements, Legal Case, legal implications, M&A, M&A Transactions, misappropriation, Nebraska, Property Management, Secrecy, Seller's obligations, Trade Secret Act, trade secrets
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