Dave, an American computer security expert, and Dave, an Australian computer scientist, met in or about 2003. Their relationship centered around their mutual interest in cyber security, digital forensics, and the future of money. Dave and Craig began to speak about ways…
Monthly Archives: February 2019
$10 Billion lawsuit over bitcoin mining business
Posted in bitcoin, blockchain Tagged with: importance of organizational documents; internal controls, startup business
Cryptocurrency customer can’t sue software developer for fraud
Customer and Developer entered a software development and maintenance agreement dated February 28, 2018. Under the software development and maintenance agreement, Developer was to develop a web platform for Customer that would permit individuals to purchase a cryptocurrency. According to…
Court Challenges ESOP Purchase Price: Lessons for Business Owners
Explore a case study where an ESOP purchase price came under legal scrutiny. Learn valuable lessons for business owners considering Employee Stock Ownership Plans (ESOPs). M&A Stories February 7, 2019 In a notable case, the owners of a Hawaii architectural…
Posted in sale of business to ESOP Tagged with: Acosta v Saakvitne case, Business exit strategies, Business owner responsibilities, company projections must be reasonable, Court challenges in M&A, Department of Labor lawsuit, Employee Stock Ownership Plan, ESOP legal issues, ESOP valuation, Fair purchase price in ESOP, Fiduciary duties in M&A, Hiring ESOP lawyers, improper use of control premium, M&A case study, M&A legal blog, Protecting ESOP retirement assets, Trustworthy ESOP Trustees, Valuation report flaws
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: arbitration, contract qualification, Delaware Court, Delaware Court of Chancery, dispute resolution, escrow dispute, expert determination, independent accountant, legal battle, Legal Blog, LLC, M&A, M&A agreement, Ray Beyond Corp v Trimaran Fund Management
Fraud Carve Out Rescues Buyer in Complex M&A Divestiture
Explore a recent M&A case highlighting the importance of meticulous contract negotiation and the legal intricacies surrounding fraud and concealment in asset purchase agreements. M&A Stories February 04, 2019 In the world of Mergers and Acquisitions, a recent case shed…
Posted in "as is where is", fraud in business sale Tagged with: asset purchase agreement, Breach of contract, buyer, Case Study, Class action lawsuit, concealment, contract negotiation, Delaware law, economic loss doctrine, fraud, fraud carve out, Legal Blog, Liability, M&A, Mergers and Acquisitions, Perrigo Company International Vitamin Company, pharmaceutical industry, seller
Resolving Working Capital Disputes in M&A Agreements
Explore the intricacies of resolving working capital disputes in M&A agreements, with a focus on the case of Agiliance, Inc. v. Resolver Soar, LLC. Learn about the importance of clear dispute resolution language and its impact on M&A transactions. M&A…
Posted in arbitration vs expert determination, dispute resolution provision, purchase price, working capital adjustment Tagged with: Agiliance Inc v Resolver Soar LLC, arbitration, asset purchase agreement, Court's Decision, Delaware Corporation, dispute resolution, Dispute resolution mechanisms, expert determination, Legal Blog, M&A agreements, M&A case study, Net working capital adjustments, Net working capital statement, purchase price adjustment, Working capital disputes
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