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…
Monthly Archives: May 2020
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: arbitration, Delaware Court of Chancery, dispute resolution, expert determination, federal court, FNB Corporation v. Mariner Royal Holdings, jurisdiction, LLC, M&A legal blog, post-closing calculations, purchase price dispute, stock acquisition
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: attorney guidance, case reference, consequences, Fraud claim, investment, Legal action, legal documents, M&A legal blog, majority shareholder, New York state trial court, pharmaceutical company, read before signing, stock deal, transaction documents
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: asset purchase agreement, business risks, contractual breaches, Court decision, economic loss, federal appeals court, fire damage claim, Insurance Coverage, legal responsibilities, Liberty Mutual Fire Insurance Company, M&A legal blog, Murphy Oil Corporation, Negligence, property damage, sold business assets, statute of limitations
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: Bankruptcy Code, Bankruptcy court, Bankruptcy Court Approval, Case Study, creditor objection, distressed business, In Re Catalina Sea Ranch, insider connections, LLC, offshore mussel farm, sale of assets, Section 363, successor liability
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