Monthly Archives: May 2021

Buyer Can’t Stop Noncompete Payments Upon Death of the Seller of the Business

Buyer failed to convince the Alabama Supreme Court that the noncompete was a personal service contract terminable upon the death of the seller owner. M&A Stories May 12, 2021 Introduction A covenant not to compete is generally given by the

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Delaware Court Says that Acquisition Agreement Jury Waiver Not Applicable to TSA

Delaware “courts construe jury trial waivers narrowly and indulge every reasonable presumption against the waiver …” M&A Stories May 11, 2021 Introduction It is quite common for a business buyer and seller to expressly waive their right to a jury

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Indiana High Court Requires Continuity of Ownership in Successor Liability Claim

Business asset buyer not liable to seller creditor under Indiana’s de facto merger or mere continuation successor liability exceptions to the successor liability doctrine. M&A Stories April 30, 2021 Introduction Successor liability is an important issue when pricing a business

Posted in continuity of enterprise exception, continuity of ownership, de facto merger exception, successor liability Tagged with: ,

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