This blog post explores the critical role of due diligence in mergers and acquisitions, illustrating how it can empower buyers to withdraw from disadvantageous deals. It recounts a cautionary case involving the purchase of a nutritional supplement company, emphasizing the…
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Due Diligence Gives Buyers the Right to Walk Away from a Bad Deal
Posted in due diligence, fraud in business sale Tagged with: assessing seller claims, asset acquisition challenges, business sale litigation, buyer protection strategies, buyer's option to walk away, Buyer's rights in M&A, case studies in M&A, fraud defense in M&A, independent testing in mergers, legal aspects of acquisitions, Legal disputes in M&A, M&A Due Diligence, nutritional supplement industry acquisitions, protein content discrepancies, recent M&A legal cases, valuation in mergers and acquisitions
M&A Buyer Challenges Seller’s NY Anti-Reliance Clause in Fraud Suit
Explore the intricacies of M&A transactions through the lens of a recent legal battle in Brooklyn, where a buyer challenges a seller’s anti-reliance clause after a business deal goes awry. This insightful blog delves into the importance of clearly defining…
Posted in anti-reliance clause, fraud in business sale Tagged with: anti-reliance clause, asset purchase, Brooklyn trial court, Business acquisitions, business litigation, buyer protections, Case Study, commercial litigation, contract law, fraud suit, legal challenges in M&A, Legal Precedents, M&A dispute, M&A legal issues, M&A transaction tips, net income misrepresentation, New York law, Purchase agreement, representations and warranties, seller strategies
The Reach of a Forum Selection Clause: Can M&A Buyer’s Fraud Suit against Seller and Multiple Owners and Managers Be Tried in Delaware?
Dive into the complexities of M&A forum selection clauses with our latest blog post, which analyzes a case where a buyer’s fraud suit against a seller and multiple managers and owners was partially dismissed in Delaware. The court ruled in…
Posted in fraud in business sale, Problems with financials, problems with forum selection clauses Tagged with: acquisition disputes, Chumash Capital Investments case, commercial litigation, complex commercial litigation, corporate litigation, cross-jurisdictional legal issues, defense contractor acquisition, Delaware corporate law, Delaware Superior Court, Forum Selection Clauses, Fraud in M&A, fraudulent financial statements, Grand Mesa Partners lawsuit, legal complexities in M&A, legal strategy in M&A, Litigation strategy, M&A legal disputes, M&A legal topics, M&A Transactions, multi-defendant litigation, multi-jurisdictional litigation
BUYER NOT IN BREACH FOR DEMANDING REFUND AFTER UNVEILING SELLER’S FRAUD IN NIGHTCLUB PURCHASE
A Georgia intermediate appellate court held that the buyer had not breached the purchase agreement after the closing for wanting to unwind the deal. July 26, 2023 Introduction: In a recent case, an Atlanta nightclub buyer faced a lawsuit from…
Posted in fraud in business sale Tagged with: Atlanta Nightclub Acquisition, Buyer's Refund Demand, Directed Verdict in Trial, Disclosure of Criminal Incidents, Grae Hospitality, Lawsuit and Appellate Court, LLC, LLC v. LL Atlanta, M&A legal blog, Purchase Agreement Breach, Seller's Fraudulent Actions, Unwinding a Deal in M&A
SEC Files Lawsuit Against Target Executives for Deceptive Practices in M&A Deal
The SEC’s legal action against Target’s CEO and CTO reveals the consequences of misleading buyers in M&A deals. Learn about the case and its implications for ethical M&A negotiations. M&A Insights Choosing the ethical path in M&A negotiations is not…
Buyer’s Ability to Sue Seller for Fraud in Delaware “As Is” Deal
Explore the legal implications of fraud in M&A deals, particularly in cases where buyers agree to purchase assets “as is” without explicit assurances. Learn from a real case study and understand the importance of representations and warranties in protecting buyers’…
Buyer Cannot Sue Seller for Withholding Pending Customer Loss Information
Explore a case study in M&A where the buyer’s inability to sue the seller is examined due to contractual limitations on claims beyond representations and warranties. M&A Stories December 10, 2020 Introduction: When considering the purchase of a business, it’s…
Posted in contracts, due diligence, extra-contractual fraud, fraud in business sale, non-reliance clause Tagged with: asset purchase agreement, Business acquisition, Business Transactions, buyer-seller dispute, contractual limitations, contractual representations, Delaware law, due diligence, fraud, Humana contracts, Legal action, loss of major customer, M&A legal case study
Seller’s $14.5 Million Fraud Claim Fails Against Majority Shareholder in Stock Deal
Read about a case where a $14.5 million fraud claim by siblings against a majority shareholder in a pharmaceutical company stock deal failed due to oversight in reviewing legal documents. Learn the importance of thorough legal document examination before finalizing…
Posted in fraud in business sale, fraudulent inducement, shareholder release Tagged with: attorney guidance, case reference, consequences, Fraud claim, investment, Legal action, legal documents, M&A legal blog, majority shareholder, New York state trial court, pharmaceutical company, read before signing, stock deal, transaction documents
Buyer Can Sue Seller’s Owner for Fraud in Asset Business Deal
Explore a case study where a buyer sued a seller’s owner for fraud in an asset business deal. Learn about the legal elements, court’s decision, and valuable takeaways for buyers in similar situations. January 20, 2020 Introduction: “Things gained through…
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