Blog Archives

M&A Buyer Loses Products Liability Indemnification Claim Against Seller

In the complex landscape of mergers and acquisitions, understanding the legal implications of product liability is crucial for asset buyers. This blog post explores a recent South Carolina case where a buyer faced unexpected legal challenges due to a defect

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Franchise Asset Buyer Didn’t Inherit Seller’s Unemployment Tax Experience Rating

Learn about a case where a buyer of franchise assets fought off a state’s attempt to impose the seller’s high unemployment tax experience rating due to a franchise agreement. Understand the implications and legal outcomes. Read more on our M&A

Posted in franchise sale, seller's unemployment experience rating Tagged with: , , , , , , , , , , , , ,

Can Buying a Business’s Assets Make You Responsible for Existing Contracts?

Explore the legal implications of purchasing a business’s assets instead of the entire company. Learn how seemingly innocuous actions can lead to contract assumption and potential liabilities, as illustrated by a real case involving a bar purchase in Boise. May

Posted in asset seller's liabilities, implied assumption of seller contract/liability Tagged with: , , , , , , , , , , , , , ,

Indiana APA Choice of Law and Product Liability: What You Need to Know

Explore the legal implications of choice of law provisions in M&A deals and their impact on product liability, with insights from a significant case. Learn how choice of law can affect buyer responsibilities in asset purchase agreements. June 7, 2019

Posted in choice of law provision, product line exception, successor liability Tagged with: , , , , , , , , , , ,

Navigating M&A Challenges: Lessons from the Auto Industry’s Bankruptcy Sale

Explore a compelling M&A narrative delving into the complexities of acquiring distressed auto business assets during a chapter 11 bankruptcy. This blog examines a critical case involving the United Auto Workers pension fund, Fiat S.p.A., and the U.S. and Canadian

Posted in actual notice to known creditors, bankruptcy sale, distressed business acquisitions Tagged with: , , , , , , , , , , , , , , , , , , , , , , , ,

Federal Court Rules on Whether M&A Asset Buyer Is Subject to Seller Injunction

Explore the legal intricacies of M&A asset acquisitions with our latest blog post on the federal court ruling in ADT LLC v. NorthStar Alarm Services, LLC. Uncover buyer responsibilities, liability nuances, and the impact of seller federal injunctions in this

Posted in post asset purchase issues, seller's federal injunctions Tagged with: , , , , , , , , , , , , , , , , , , , , , , , ,

Buyer’s Obligations Beyond the Dotted Line: Understanding Contractual Assumptions in M&A

Dive into the intricate world of mergers and acquisitions with our latest blog post. Explore the nuances of contractual obligations beyond the dotted line, as revealed in a compelling federal district court case. Discover how buyers can find themselves bound

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