Monthly Archives: October 2019

Buyer’s Responsibility for Asbestos Claims Punitive Damages

Explore the implications of punitive damages in asbestos claims within M&A deals. Learn from the case of Parker Hannifin Corp. v. Standard Motor Products, Inc. October 31, 2019 Introduction: Liability related to asbestos claims is a common concern for manufacturing

Posted in asbestos claims, indemnification, punitive damages Tagged with: , , , , , , , , , , ,

Business Buyer’s Suit Against Seller is Hampered by Missing Due Diligence Binder

Learn about a crucial M&A case involving a buyer’s lawsuit against a seller due to missing due diligence binder. Explore the legal implications and lessons from Cardinal v. Lupo. October 29, 2019 Introduction: Purchasing a company involves legal risks, and

Posted in preservation of due diligence materials Tagged with: , , , , , , , ,

Forum Selection Clause in Buyer’s Note for Company Acquisition

Explore the importance of forum selection clauses in M&A deals. Learn from the case of Robson v. Duckpond LTD. where a forum selection clause determined the location for resolving disputes over a buyer’s promissory note in a company acquisition. October

Posted in forum selection clause Tagged with: , , , , , , , , , ,

Business Buyer Battle’s Seller’s Founder Over His Publicity Rights

Explore the legal dispute between a business buyer and a competitor over the use of a founder’s name for product promotion. Learn about the key court decision and its implications. October 21, 2019 Introduction: In the world of business acquisitions,

Posted in personal goodwill, Right of publicity Tagged with: , , , , , , , ,

How a Fraud Carve-Out Protected a Buyer’s Employee Non-Solicitation Claim in an M&A Deal

Explore a case study where a fraud carve-out provision played a crucial role in protecting a buyer’s interests in an M&A deal. Learn about the legal intricacies surrounding employee non-solicitation claims and exclusive remedy provisions. October 19, 2019 Introduction: Many

Posted in boilerplate provisions, fraud carveout, hiring seller's employees, nonsolicitation of employees and customers Tagged with: , , , , , , , , , , , , ,

Employee Raiding Lawsuit: Buyer vs. Seller Employee

Explore a real case where a buyer sued a seller’s key employee over employee departures after an acquisition. Learn about the legal implications and strategies to mitigate such risks in M&A deals. October 16, 2019  Introduction: In acquisitions, a company’s

Posted in employment agreement, hiring seller's employees, key employees of target, nonsolicitation of employees and customers, stay bonus Tagged with: , , , , , , , , , ,

Business Buyer Sues Former Employee Over Use of Seller Business Cards

Explore a legal case where a buyer filed a lawsuit against a former employee who left with business cards belonging to the seller’s clients after an M&A deal. Learn about the legal implications and challenges in protecting trade secrets in

Posted in business cards, trade secret misappropriation by former seller employee Tagged with: , , , , , , , , ,

Buyer Might Pay Double for Seller’s Assets Due to Financing Statement

Learn about the legal risks associated with acquiring assets that are used as collateral for a seller’s loan in M&A deals. This blog post discusses a real case and offers insights on conducting UCC searches to avoid costly mistakes. October

Posted in due diligence, liens, UCC search Tagged with: , , , , , , , ,

Buyer’s Section 363 Purchase of Bankrupt Hospital Assets Clears Medi-Cal Liabilities

Learn about a recent M&A legal case where a buyer successfully purchased assets from a bankrupt hospital without taking on its liabilities. Explore the implications of Bankruptcy Code Section 363 and its impact on Medi-Cal agreements. Gain insights into the

Posted in bankruptcy sale, distressed business acquisitions, executory contracts, Medi-Cal provider agreements, Section 363 sale Tagged with: , , , , , , , , , ,

When Medical Practice Deals Go South: Protecting Patient Lists

Learn about the legal challenges and importance of safeguarding patient lists in medical practice acquisitions. October 12, 2019 M&A Stories In the world of medical practice acquisitions, patient lists are golden. But what happens when a doctor tries to take

Posted in trade secret misappropriation, trade secret misappropriation by former seller employee Tagged with: , , , , , , , , , , ,

Recent Comments