Explore the legal intricacies of M&A deals involving environmental liabilities. Learn about the concept of de facto mergers and when a cash buyer may or may not be held responsible for a seller’s cleanup obligations. Dive into a real-life case…
Monthly Archives: April 2019
Cash Buyer of Paper Mill Assets Not Liable for Seller’s CERCLA Liability
Posted in asset purchase agreement, asset seller's liabilities, CERCLA or superfund liability, de facto merger exception, successor liability Tagged with: all cash deal, asset purchase agreement, Buyer's responsibility for cleanup obligations, CERCLA liability, De facto merger in asset deals, Garrett Day LLC v. International Paper Co., M&A environmental liabilities, Ohio federal district court case, Paper mill assets acquisition, Seller's contamination cleanup, Successor liability laws, superfund
Employees of Sold Company Secure Severance Benefits After Legal Battle
Learn about a recent legal case involving severance benefits for employees of a publicly traded chipmaker during an M&A deal. Understand the court’s ruling and its implications for employee benefits in similar situations. M&A Stories April 20, 2019 Introduction: Selling…
Successor Liability in Asset Acquisitions: Protecting Your Business
Explore the complexities of successor liability in M&A asset acquisitions and how to protect your interests. Learn from a real case scenario and key takeaways. M&A Stories April 17, 2019 Introduction: In the world of M&A, asset purchases can be…
Posted in actual knowledge, asset purchase agreement, constructive knowledge, due diligence, inequitable, retaliation, sexual harassment, successor liability Tagged with: asset acquisitions, business protection, case reference, due diligence, indemnification, legal knowledge, legal obligations, M&A, Purchase Price, sexual harassment and retaliation, successor liability
Buyer’s Rights Upheld: How Written Agreements Matter in M&A
Explore a real-life M&A case highlighting the importance of clear agreements. Learn how a buyer’s rights were protected through written agreements. Dive into the world of mergers and acquisitions with this legal blog. M&A Stories April 15, 2019 In the…
Posted in asset purchase agreement, boilerplate provisions, breach of representations and warranties, breach of seller's covenants, deferred closing, representations and warranties, seller's covenants, waiver provision Tagged with: asset purchase agreement, Buyer's rights in M&A, Importance of clear agreements, M&A contracts, M&A documentation, M&A lawsuit, M&A legal case, M&A legal disputes, Nursing home deal, Trodale Holdings LLC v. Bristol Healthcare Investors, Written waivers in M&A
Timely Products Liability Claims in M&A Deals: A Closer Look
Explore the intricacies of products liability claims in M&A deals, including indemnification agreements and survival periods. Dive into the legal resolution of a real case, CEI Equipment Company v. Gaddis. M&A Stories April 11, 2019 Introduction: In mergers and acquisitions,…
Posted in indemnification, statute of limitations, survival of covenants Tagged with: CEI Equipment Company v Gaddis case analysis, Indemnification agreements in mergers, Iowa statute of limitations, Legal resolution of product liability disputes, M&A agreements in truck trailer manufacturing, M&A products liability claims, Pre-closing product liability, Products liability in post-closing scenarios, Survival period in purchase agreements, Timely indemnification claims
Seller’s Insurance Broker Sued for Failing to Add Buyer as Loss Payee
This blog post discusses a recent lawsuit involving an insurance broker’s failure to notify a carrier about a buyer’s loss payee status in an M&A deal. Learn about the case, its implications, and the legal aspects surrounding this issue. M&A …
Posted in certificate of insurance, insurance broker duty, insurance coverage, loss payee Tagged with: asset purchase agreement, asset transfer, business interruption, business interruption coverage, buyer, certificate of insurance, duty of insurance broker to notify carrier of addition of loss payee, Environmental Services, financial lawsuit, Illinois statutory law, insurance broker, insurance carrier, insurance proceeds, Lawsuit, Legal Case, lender's loss payee, Liability, Litigation, loss payee, M&A, policy coverage, seller, used motor oils
Buyer Sued for Withholding Key Information in M&A Deal
Explore a case highlighting the critical role of transparency in Mergers and Acquisitions. Learn how the failure to disclose crucial information led to a costly legal battle and a failed merger. M&A Stories April 2, 2019 Introduction: In the world…
Posted in FDIC approval, governmental approval of transaction, merger agreement Tagged with: Breach of merger agreement, breach of prompt notice provision, Buyer's disclosure, Buyer's legal action, Failed merger, FDIC approval of M&A transaction, FDIC examination, fraud, Leveraged lending, M&A deal complications, M&A lawsuit, M&A legal case, M&A transparency, O'Donoghue v Inland Bank and Trust, Regulatory approval
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