Monthly Archives: May 2020

Bankruptcy Court Rejects Creditor’s Claim Against Buyer in Post-363 Successor Liability Dispute

Learn about a recent bankruptcy case involving a struggling popsicle business and the legal challenges faced by the buyer. Discover how the court’s ruling highlights the importance of using Bankruptcy Code Section 363 to acquire distressed businesses and avoid successor

Posted in successor liability Tagged with: , , , , , , , ,

Federal Court Decides Arbitration for Purchase Price Dispute in M&A Deal

Explore a recent case involving a stock acquisition where a federal court determines jurisdiction and resolves post-closing calculation disputes through arbitration. Learn how the court’s decision impacts M&A agreements. Case reference: FNB Corporation v. Mariner Royal Holdings, LLC. May 24,

Posted in arbitration vs expert determination, dispute resolution provision, forum selection clause, purchase price adjustment Tagged with: , , , , , , , , , , ,

Seller’s $14.5 Million Fraud Claim Fails Against Majority Shareholder in Stock Deal

Read about a case where a $14.5 million fraud claim by siblings against a majority shareholder in a pharmaceutical company stock deal failed due to oversight in reviewing legal documents. Learn the importance of thorough legal document examination before finalizing

Posted in fraud in business sale, fraudulent inducement, shareholder release Tagged with: , , , , , , , , , , , , ,

Buyer’s Liability in All-Cash Stock Deal: Battling Successor Liability Claim

Explore the intricacies of buyer liability in all-cash stock deals and the legal battle against successor liability claims. Dive into a case study involving an accident-related claim and Arizona’s laws. Get insights from the court’s key points and analysis. Case

Posted in mere continuation exception, stock purchase agreement, successor liability Tagged with: , , , , , , , , , , , , ,

No Insurance Coverage for $25 Million Fire Damage Claim on Sold Business Assets

Explore a case study involving a $25 million fire damage claim on sold business assets, where insurance coverage was denied due to contractual breaches. Learn about the legal implications and the court’s decision in Murphy Oil Corporation v. Liberty Mutual

Posted in CGL Policy, Duty to Defend Tagged with: , , , , , , , , , , , , , , ,

Can Buying a Business’s Assets Make You Responsible for Existing Contracts?

Explore the legal implications of purchasing a business’s assets instead of the entire company. Learn how seemingly innocuous actions can lead to contract assumption and potential liabilities, as illustrated by a real case involving a bar purchase in Boise. May

Posted in asset seller's liabilities, implied assumption of seller contract/liability Tagged with: , , , , , , , , , , , , , ,

Bankruptcy Court Approval for Sale of Business with Insider Connections

Learn about the bankruptcy court’s role in approving the sale of a financially troubled business with insider connections under Section 363 of the Bankruptcy Code. Explore a case study involving an offshore mussel farm acquisition, creditor objections, and the court’s

Posted in buyer connected to seller insiders, distressed business acquisitions, Section 363 sale Tagged with: , , , , , , , , , , , ,

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