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M&A Buyer’s Assignment Woes: Lessons from a Texas Court Decision

Posted on August 1, 2018 by John McCauley

Delve into the intricacies of M&A transactions with our latest blog post, ‘M&A Buyer’s Assignment Woes: Lessons from a Texas Court Decision.’ Unravel the consequences of a buyer’s assignment misstep in the oil and gas industry, as we explore the…

Posted in Assignment Tagged with: acquisition lessons, asset purchase agreement, Assignment, assignment terms, buyer's assignment of purchase agreement rights, buyer's obligations, Court rulings, due diligence, Fidelity Exploration & Production Company, financing in M&A, Industry Insights, legal enforcement, legal implications, M&A case study, M&A legal, M&A Transactions, mergers and acquisitions pitfalls, negotiation nuance, oil and gas industry, Pacific Energy & Mining Company, Texas court decision

Delaware Court Ruling: Buyer’s Owner Held Liable for Fraudulent Statements Outside Asset Purchase Agreement

Posted on July 30, 2018 by John McCauley

Dive into the intricate world of mergers and acquisitions with our latest blog post, ‘Delaware Court Ruling: Buyer’s Owner Held Liable for Fraudulent Statements Outside Asset Purchase Agreement.’ Explore the fallout of a significant legal decision in Flowshare, LLC v.…

Posted in fraud in business sale, integration clause Tagged with: accountability, acquisition landscape, anti-reliance clause, asset purchase agreement, Business acquisition, buyer's owner liability, Contractual obligations, Court decision, Delaware court ruling, financial capability, Flowshare LLC v. Georesults Inc, fraudulent statements, integration clause, integrity, Legal action, Legal Disputes, legal implications, M&A legal, Mergers and Acquisitions, personal commitments, transparency

The Limits of Noncompetition: A Case Study in M&A

Posted on July 27, 2018 by John McCauley

Explore the intricate world of mergers and acquisitions with our latest blog post, “The Limits of Noncompetition: A Case Study in M&A.” Delve into the complexities of noncompetition agreements through a captivating case study, highlighting the challenges faced by both…

Posted in covenant not to compete Tagged with: Appellate Division, Buyer-Seller Dynamics, California Noncompetition Laws, Case Study, Client List, Court ruling, CSI Group LLP v. Harper, Employment agreement, Employment Contracts, Goodwill, Industry Trends, Industry-Specific, Legal action, Legal Challenges, legal insights, Legal Landscape, legal nuances, Legal Reflection, M&A legal, M&A stories, Mergers and Acquisitions, New York Legal, Noncompetition agreements, Purchase agreement, Restrictive covenants, Supreme Court, Tax Clients

Upholding Noncompetition Covenants: Safeguarding Business Value

Posted on July 12, 2018 by John McCauley

Explore the intricacies of M&A legal battles and the crucial role of noncompetition covenants in safeguarding business value. Delve into the Shimon v. Paper Enters., Inc. case, revealing insights into the enforcement of noncompete clauses, potential damages, and legal actions.…

Posted in covenant not to compete Tagged with: Acquired Business, asset purchase agreement, Breach of contract, business law, Business Purchase Agreement, Business Safeguarding, Business Value Protection, Buyer's Recourse, Court Injunctions, Janitorial Supply Business, Legal Actions, Legal battles, legal insights, Legal Precedents, legal recourse, M&A legal, M&A Narratives, Market Area Restrictions, Mergers and Acquisitions, New Venture Establishment, Noncompete Clauses, Noncompetition covenants, Paper Products Distribution, Repackaging Industry, Sales Impact, Shimon v. Paper Enters. Inc., Trending Legal Topics

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

Posted on July 10, 2018 by John McCauley

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: ADT case, ADT LLC v. NorthStar Alarm Services LLC, ADT vs. NorthStar Alarm, asset acquisitions, asset purchase agreement, business contracts, business decisions, business law, business stakeholders, buyer accountability, buyer notice, buyer responsibilities, case analysis, Court decisions, de facto merger doctrine, Federal court ruling, federal trademark laws, injunction implications, Legal Developments, legal obligations, Legal Precedents, liability nuances, M&A legal, security industry, seller federal injunctions

Court Upholds Business Asset Buyer’s Lawsuit Against Seller’s Employee for Trade Secret Misuse

Posted on July 5, 2018 by John McCauley

Explore the intricate world of M&A legal battles with our latest blog post, “Court Upholds Business Asset Buyer’s Lawsuit Against Seller’s Employee for Trade Secret Misuse.” Delve into compelling M&A stories, unraveling the aftermath of acquisitions, and the legal complexities…

Posted in post asset purchase issues, trade secret misappropriation by former seller employee Tagged with: Asset buyer, Business acquisition risks, business strategy, competitive landscape, competitive risks, confidentiality agreement, contracts, corporate competition, Corporate Law, corporate safeguards, Court Case, Court ruling, Customer accounts, customer records, Customer Solicitation, E.D. New York, Federal trademark law, General Security Inc. v. Commercial Fire & Security Inc., Industry specifics, legal complexities, Legal Developments, legal implications, legal proceedings, legal protections, M&A legal, M&A stories, non-compete covenant, non-disclosure, post-acquisition challenges, security system company, seller's employee, strategic insights, Trade secret misuse

Navigating Union Liabilities in M&A: Lessons from the Surecut Lawncare Case

Posted on July 2, 2018 by John McCauley

Dive into the intricacies of M&A transactions with our latest blog post, ‘Navigating Union Liabilities in M&A: Lessons from the Surecut Lawncare Case.’ Uncover the complexities businesses face when merging, especially in dealings with unionized labor. Explore a recent legal…

Posted in alter ego, union liabilities Tagged with: alter ego, Asset acquisition, asset transactions, Business acquisition, business expansion, business growth, business merger, business operations, buyer, buyer-seller connection, caution in M&A, Collective Bargaining Agreement, Court decision, Court ruling, customer lists, disguised continuance, Eastern Missouri Laborers District Council, experienced labor lawyers, Goodwill, Industry specifics, key takeaways, labor law, labor lawyers, Lake of the Ozarks, legal battle, Legal Challenges, legal complexities, legal considerations, legal defense, legal obligations, M&A legal, M&A stories, Mergers and Acquisitions, navigating unionized labor, post-closing operation, Real Estate, seller, St. Louis, successful M&A journey, supplemental union dues, Surecut Lawncare case, Surecut Lawncare LLC, trademark, Trending Legal Topics, union liabilities

Unveiling the Power of Boilerplate: A Critical Analysis of the Fraud Carve-Out Provision in M&A Deals

Posted on June 29, 2018 by John McCauley

Explore the legal intricacies of M&A in our latest blog post, “Unveiling the Power of Boilerplate.” Dive into the courtroom drama of Novipax Holdings LLC v. Sealed Air Corporation, discovering how a fraud carve-out provision became the buyer’s lifeline. Gain…

Posted in exclusive remedy, fraud carveout Tagged with: Acquistion Documents, asset purchase agreement, Boilerplate Provisions, Breach of contract, Buyer's Acquisition, Case Study, Contractual obligations, Courtroom Drama, Dynamic Realm, Exclusive remedy provision, fraud carve out, fraud claims, Industry Insights, legal analysis, Legal battles, Legal Blog, Legal Maze, legal nuances, M&A legal, Mergers and Acquisitions, Novipax Holdings LLC v. Sealed Air Corporation, Purchase Price, Safeguarding Buyer Interests, Strategic Importance, Time Constraints, Trending Topics

Avoiding Escrow Woes: A Cautionary Tale for M&A Participants

Posted on June 28, 2018 by John McCauley

Dive into the intricacies of mergers and acquisitions with our latest blog post, ‘Avoiding Escrow Woes: A Cautionary Tale for M&A Participants.’ Explore the real-world case of The HC Companies, Inc. v. Myers Industries, Inc., and unravel the complexities surrounding…

Posted in indemnification, timely objection to indemnification claim Tagged with: attention to detail, Breach of contract, business assets, business ecosystem, business enthusiasts, business litigation, business protection, Business Transactions, case analysis, cautionary tale, Court of Chancery, Court rulings, Delaware, diligence, Entrepreneurial insights, escrow, Indemnification claims, Legal Challenges, Legal Disputes, Legal intricacies, Legal lessons, litigation outcomes, M&A legal, M&A practitioners, Mergers and Acquisitions, The HC Companies Inc. v. Myers Industries Inc., timely objections

Unraveling the Legal Threads: When the Buyer’s Owner Faces the Fallout

Posted on June 27, 2018 by John McCauley

Delve into the intricacies of M&A legal challenges with our latest blog post, ‘Unraveling the Legal Threads: When the Buyer’s Owner Faces the Fallout.’ Explore the captivating case of Mohegan Lake Motors, Inc. v. Maoli, where the buyer’s owner becomes…

Posted in piercing veil of acquisition subsidiary Tagged with: acquisition subsidiaries, asset purchase agreement, Audi dealership, Breach of contract, business law, buyer entity, buyer's owner liability, Court ruling, due diligence, financial information, fraud, legal battle, Legal Challenges, legal commentary, M&A legal, Mohegan Lake Motors Inc. v. Maoli, Piercing the corporate veil, private equity practices, termination disputes, wrongdoing