Explore the intricacies of asset acquisitions in the latest M&A dispute involving Rite Aid’s pharmacy benefit management business. This blog delves into the legal debate over assumed liabilities, highlighting a $200 million dispute between the buyer and seller over Walgreens…
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M&A Asset Buyer’s Hail Mary Argument in $200 Million Liability Dispute
Posted in assumed liabilities Tagged with: and vs or, asset acquisitions, Assumed liabilities, Bankruptcy court, BDO, Buyer's liability, Corporate Law, Court ruling, current liabilities, CVS, delinquent liabilities, due diligence, Financial Due Diligence, legal interpretation, legal strategy, Liability assumption, liability definition, M&A case study, M&A legal disputes, M&A litigation, M&A transaction, PBM, pharmacy benefit management, Purchase agreement, Rite Aid, trade payables, Walgreens, working capital account
M&A Bankruptcy Auction Buyer’s Liability to Another Bidder
Discover the complexities of M&A transactions within bankruptcy contexts in our latest blog post, “M&A Bankruptcy Auction: Buyer’s Liability to Another Bidder.” This insightful piece delves into a recent case where a prospective buyer of a distressed business navigates the…
Posted in bankruptcy sale, distressed business acquisitions Tagged with: Asset acquisition, bankruptcy auction, bankruptcy sales order, Bed Bath and Beyond bankruptcy, business data, Buyer's liability, contract breach, Distressed Business Acquisition, federal district court, financial models, Go Global Retail v. Dream On Me, high-stakes environment, injunction, internet properties, legal doctrine, legal ramifications, M&A legal issues, Manhattan federal district court, New Jersey supplier, post-acquisition phases, Proprietary information, res judicata, strategic analyses, trade secrets, trademark acquisition
FORMER SELLER EMPLOYEE’S LAWSUIT AGAINST BUYER NOT SUBJECT TO SELLER’S EMPLOYMENT AGREEMENT ARBITRATION PROVISION
Seller outside sales reps agreed to arbitration. Buyer purchased seller’s assets. Buyer hired sales reps who later sued buyer for overtime. Buyer can’t use seller arbitration provision to force sales reps into arbitration. M&A Stories February 15, 2023 Introduction In…
BUYER OF SEARS ASSETS IN 2019 ACQUISITION NOT RESPONSIBLE FOR SEARS’ 2015 CUSTOMER WARRANTY LAWSUIT
The buyer, in the asset purchase agreement, assumed warranty obligations owed to pre-closing sales made to Sears customers, except for customer claims made prior to the closing date. M&A Stories October 10, 2022 Introduction In 2019, the buyer of Sears…
BUYER OF DISTRESSED BUSINESS ASSETS NOT LIABLE FOR SELLER’S CORPORATE LEASE: A CASE STUDY
Georgia state trial and intermediate appellate court held that the buyer who paid “reasonably equivalent value” for most of the assets of seller’s business, was not responsible for the insolvent seller’s corporate headquarters lease because the buyer did not assume…
Posted in Problem with seller lessor or landlord Tagged with: Bankruptcy Purchase, Buyer's liability, Corporate Lease Liability, Distressed Business Assets, Fair Value Transaction, Fraudulent Transfer Georgia State Court, M&A legal blog, Small Business Reorganization Act, Windward Campus Owner v. Good Night Med. Case Study
Buyer’s Liability in M&A Deals: Understanding Product Line Exceptions
Explore the concept of buyer’s liability in M&A deals and the impact of product line exceptions. Learn from the McAllister v. Mcdermott case and understand how to manage potential risks when acquiring manufacturing businesses. M&A Stories December 02, 2020 Introduction:…
Buyer Bound by Bankruptcy Court’s Sale Order Despite Non-Signing of Purchase Agreement
Explore a case involving a Section 363 bankruptcy sale where a buyer’s liability was upheld by the court despite not signing the purchase agreement. Gain insights into the legal implications of court-approved sales orders in distressed business acquisitions. March 11,…
Posted in bankruptcy sale, distressed business acquisitions, sales order, Section 363 sale Tagged with: Bankruptcy court, bankruptcy trustee, Buyer's liability, court-approved sales order, Distressed Business Acquisition, lease modification, legal implications, M&A legal blog, Purchase agreement, Redskins Grille case, Section 363 sale, Virginia federal district court
Buyer Beware: Unforeseen Pension Liabilities in M&A Asset Deals
Dive into the complexities of M&A asset deals with our latest blog post, ‘Buyer Beware: Unforeseen Pension Liabilities.’ Explore the cautionary tale of a private equity group navigating the legal pitfalls of acquiring a Maui hotel and assets with unionized…
Posted in federal multiemployer pension plan withdrawal liability, successor liability Tagged with: actual knowledge, Asset Deals, Asset Valuation, Business owners, Business Regulations, business risks, business strategy, Business Transactions, Buyer's Awareness, Buyer's due diligence, Buyer's liability, Case Study, cautionary tale, CFOs, constructive knowledge, Contractual obligations, Corporate governance, Corporate Law, Court decision, Deal Success, due diligence, entrepreneurs, financial consequences, Financial Impact, Financial Repercussions, Industry specifics, legal battle, Legal compliance, legal insights, Legal lessons, legal pitfalls, Legal precedent, M&A, M&A Transactions, Maui Hotel Acquisition, merger and acquisition, Multiemployer Pension Plan, Ninth Circuit Court, Pension Liabilities, Private Equity, Purchase and Sale Agreement, Seller's obligations, Unfunded Pension Benefits, Union pension plan, Unionized Employees
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