Explore the nuances of successor liability in M&A deals, focusing on the legal case of Varilease Finance, Inc. v. Earthcolor, Inc. This blog simplifies the complexities of Michigan and New Jersey’s successor liability tests, offering insights for professionals in the…
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Understanding Successor Liability in M&A Deals: Michigan vs. New Jersey
Posted in asset buyer's assumption of seller's liabilities by contract, asset purchase agreement, asset seller's liabilities, assumed liabilities, assumption of a contract, buyer's assumption of seller liabilities in asset acquisition, excluded liabilities, mere continuation, seller owners equity interest in buyer, successor liability Tagged with: Asset buyer, asset purchase agreement, Business acquisition, Case Study, Due diligence in M&A, Legal dispute, M&A legal blog, Master Lease Agreement, Mere Continuation Rule, Michigan law, Michigan vs. New Jersey, New Jersey law, successor liability, Successor liability risks, Varilease Finance Inc. v Earthcolor Inc
Legal Dispute Over Earnout: Lessons for Business Sellers
Explore the intricacies of a recent M&A case involving a privately held PR firm and a New York City-based buyer. Delve into the background, the unfolding dispute, the court’s ruling, and the implications for sellers considering earnouts. Learn valuable lessons…
Posted in earn outs Tagged with: Business acquisition, business litigation, business sellers' consideration, Buyer Obligations, Buyer-seller disagreement, Court ruling, earnout case, earnout lessons, Earnout Payments, Hoffman v. Nutmeg Music Inc., M&A legal dispute, risks of earnouts, seller's management style, stock purchase agreement, target client net revenues
Court Deems Non-Compete in M&A Employment Agreement Unenforceable
Explore a recent M&A case where a court ruled a non-compete clause in an employment agreement unenforceable. Delve into key details, including the background, agreements, termination, legal dispute, court’s decision, severance dispute, and trade secret allegations. M&A Stories September 17,…
Posted in covenant not to compete, customer list, trade secret misappropriation Tagged with: asset purchase agreement, Business acquisition, business expansion, Buyer-Seller Relations, case reference, contract disputes, Court decision, Court ruling, Employment agreement, Employment law, Legal dispute, legal implications, M&A Case, M&A legal blog, Minnesota law, Non-compete Clause, non-competes in M&A, Riddle v. Geckobyte.com Inc., severance dispute, termination, trade secret allegations, trade secrets, unreasonable customer scope, unreasonable term
Successful Acquisition: Buyer Prevails in Securing Vital Real Estate Leases from Bankrupt Nursery Business
Explore a compelling M&A story as a Houston-based buyer navigates the acquisition of crucial assets from a bankrupt California nursery. Delve into the court-approved transfer of vital real estate leases and the buyer’s financial strength, backed by a $58 million…
Posted in bankruptcy sale, distressed business acquisitions, leases Tagged with: anti-assignment lease clauses, appellate courts, Bankruptcy court, bankruptcy judges, bankruptcy law, Business acquisition, California nursery, Color Spot Holdings Inc., court reference, court-approved transfer, credit line, district court decision, financial strength, Houston buyer, In Re Color Spot Holdings Inc., legal hurdles, M&A success, positive cash flow, real estate leases, strategic acquisition
Navigating M&A Pitfalls: The Costly Lesson of Overlooking Tax Benefit Sharing and Liquidated Damages
Uncover the intricacies of M&A transactions in our latest blog post, “Navigating M&A Pitfalls: The Costly Lesson of Overlooking Tax Benefit Sharing and Liquidated Damages” by John McCauley. Delve into the cautionary tale of a buyer entangled in legal complexities…
Posted in liquidated damages provision, tax benefit sharing Tagged with: breach damages, breach severity, Business acquisition, contractual provisions, expert testimonies, jury ruling, legal complexities, Legal Disputes, legal pitfalls, liquidated damages, M&A, M&A Lessons, Mergers and Acquisitions, NewCSI Inc. v. Staffing 360 Solutions Inc., penalty clauses, Purchase agreement, stock purchase agreement, tax benefit sharing
Unraveling Deceptive Practices in M&A: Lessons from Sharma v. USA International, LLC
Explore the intricate world of M&A with our latest blog post, “Unraveling Deceptive Practices in M&A: Lessons from Sharma v. USA International, LLC.” Delve into the cautionary tale that emerged post-acquisition, revealing the legal battle stemming from misrepresented sales figures…
Posted in due diligence, fraud in business sale Tagged with: acquisition pitfalls, Auntie Anne’s franchise, boardroom insights, Business acquisition, business ethics, business ownership, business pitfalls, CFO guidance, Checkers franchise, Court Case, Court decisions, deceptive practices, due diligence, financial discrepancies, financial scrutiny, Legal action, legal battle, Legal lessons, legal scrutiny, M&A, M&A Transactions, Mergers and Acquisitions, real-world lessons, Sharma v. USA International LLC, USA International LLC
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