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DELAWARE COURT ORDERS BUYER TO HONOR M&A DEAL DESPITE PANDEMIC CHALLENGES

In this M&A legal blog, we explore a case where a buyer tried to back out of an acquisition agreement due to pandemic challenges. Discover how the Delaware Court of Chancery ruled in favor of the seller, emphasizing the importance

Posted in best efforts to secure financing, buyer's covenants, Covenants, specific performance Tagged with: , , , , , , , , , , , ,

BUYER ACCUSES TIMESHARE SELLER OF HIDING CREDIT RISKS BEFORE DEAL COMPLETION

Learn about a recent M&A case where a buyer alleges the seller concealed credit risks before closing, leading to legal action and a court ruling denying the seller’s motion to dismiss. M&A Stories    April 13, 2021   Introduction: When buying a business,

Posted in exclusive remedy, fraud carveout, fraud in business sale, fraudulent inducement Tagged with: , , , , , , , , , , , ,

Delaware Court Allows Buyer’s Claims Against Seller for Breach and Fraud in Business Acquisition

Explore a significant M&A legal case where a Delaware court permitted a buyer to pursue claims against a seller for breach and fraud in a business acquisition. Get insights into the buyer’s legal battle and the implications of acquisition agreement

Posted in damages, exclusive remedy, fraud carveout, indemnification cap Tagged with: , , , , , , , , , , , ,

Delaware Court’s Decision on Escrow Dispute in M&A Agreement

Explore the Delaware Court’s landmark decision on an escrow dispute in an M&A agreement, highlighting the importance of the difference between alternative dispute resolution procedures of expert determination and arbitration, and its impact on M&A disputes. M&A Stories February 5,

Posted in alternative dispute resolution, M&A agreement Tagged with: , , , , , , , , , , , , ,

Delaware Court Rules Buyer Must Honor Post-Closing Payments Despite Seller’s Breach

Explore the implications of a recent M&A case in Delaware (Post Holdings, Inc. v. NPE Seller Rep LLC), emphasizing the importance of honoring post-closing payments despite alleged breaches by the seller. Gain insights into contractual obligations, indemnification claims, and the

Posted in escrow, offset or setoff provision, stock purchase agreement Tagged with: , , , , , , , , , , , , , , , , ,

Delaware Court Allows Shareholder Lawsuit Against Company for Unlawful Interference in Stock Sale to Chinese Private Equity Firm

Explore a recent legal development as a Delaware court permits a shareholder lawsuit against a Palo Alto-based private company involved in big data analytics. Delve into the details of the failed sale of common and preferred stock to a Chinese

Posted in tortious interference with prospective economic advantage Tagged with: , , , , , , , , , , , , ,

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