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
Could an Asset Buyer’s Due Diligence Uncover a Competitor’s Unfair Tactics?
Explore the intricate world of M&A due diligence through the lens of a high-stakes legal battle in the commercial real estate sector. This blog delves into the complexities of identifying potential risks, the impact of unforeseen challenges, and the importance…
Posted in Problems with due diligence Tagged with: asset sale, Bankruptcy Asset Sale, BGC Partners v. Avison Young, commercial brokerage firms, commercial real estate M&A, competitive intelligence, competitive tactics in M&A, corporate acquisitions, corporate espionage, employee defection, Legal Aspects of M&A, Legal battles in M&A, Legal Risks in M&A, M&A Due Diligence, M&A investigation, M&A litigation, Mergers and Acquisitions, Noncompetition agreements, nonsolicitation agreements, protecting trade secrets, real estate industry, risk identification, trade secrets, unfair competition
Navigating Due Diligence Risks in M&A: Lessons from Competitor Acquisitions
Explore the complexities of M&A due diligence in competitor acquisitions with our latest blog post. Discover lessons learned from real-world cases, such as the challenges faced by a prominent manufacturer in its acquisition journey. Gain insights into navigating legal risks…
Posted in Uncategorized Tagged with: Arkansas-based business, asset purchase agreement, business growth, competitor acquisitions, Compliance, Connecticut trial, contractual assurances, Court rulings, EI Du Pont De Nemours And Company v. Chemtura Corporation, exit plans, fluorochemical market, industrial applications, Legal precedent, Legal Risks, M&A Due Diligence, post-business hours tour, representations and warranties, strategic expansion
Mitigating M&A Buyer Risks: Safeguarding Against Former Seller Employees Competing with Stolen Trade Secrets
Dive into the legal intricacies of M&A transactions with our latest blog post, exploring how to mitigate risks associated with former seller employees competing with stolen trade secrets. Learn from real-life legal disputes and discover proactive measures for safeguarding your…
Lessons in Due Diligence for Directors and Officers: Avoiding Pitfalls in M&A
Explore a case study involving a furniture company’s M&A journey and learn valuable lessons in due diligence for directors and officers. Discover the importance of thorough research and risk mitigation in the world of mergers and acquisitions. M&A Stories September…
Posted in director and officer duty of care Tagged with: Bankruptcy aftermath, Corporate liability, Delaware corporations, Delaware limited liability companies, Directors and officers, duty of care, Duty of care breach, Exculpatory clauses, Furniture company acquisition, Gross negligence, legal proceedings, LLC managers, M&A case study, M&A Due Diligence, M&A pitfalls, Risk mitigation
BUYER OF SMALL HEATING AND AIR CONDITIONING BUSINESS PAINFULLY LEARNS VALUE OF DUE DILIGENCE AFTER CLOSING
The buyer concludes it overpaid for the business and stops making deferred purchase price payments. Both the trial and the appellate court conclude that the buyer breached the acquisition agreements. They order the buyer and its owner (as guarantor) to…
Posted in Problems with due diligence Tagged with: Buyer's Liability in M&A Deals, Buyer's Mistake in Due Diligence, Buyer's Obligations in Asset Purchase Agreements, Importance of Comprehensive Business Evaluation, Legal Consequences of Breaching Acquisition Agreements, Lessons from M&A Failures, M&A Due Diligence, Overpayment in Business Acquisition, Understanding Business Value in M&A. Impact of Incomplete Due Diligence
Buyer’s Waiver of Privileged Communications Shared during Due Diligence
Learn about a court case where sharing privileged communications during due diligence led to a waiver of attorney-client privilege. Understand the implications for M&A transactions and the importance of maintaining a clear distinction between legal and commercial interests. M&A Stories…
Buyer’s Bankruptcy Resulting from Trademark Dispute in M&A Deal
Learn from a cautionary tale of bankruptcy resulting from a trademark dispute in an M&A deal. Understand the importance of addressing trademark conflicts before acquisition and the role of legal advice. M&A Stories December 08, 2020 Introduction: When considering the…
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