Monthly Archives: July 2022

DENTIST’S DISPUTE: COURT REJECTS ARBITRATION REQUEST IN PRACTICE SALE

Both the Missouri trial and appellate court hold that the purchase agreement’s arbitration clause was unenforceable because it failed to comply with the state’s required formalities M&A Stories July 28, 2022 Introduction: Selling a dental practice can lead to legal

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SELLER FAILS TO ENFORCE ACCOUNTING FIRM RESOLUTION IN EARNOUT DISPUTE

The Delaware federal district court held that the purchase agreement’s requirement to submit earnout dispute to an independent accounting firm did not foreclose resolution of the matter by the court because the agreement’s language was only for expert determination and

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ILLINOIS BANKRUPTCY COURT APPROVES SALE OF GROCERY STORE ASSETS FREE OF $4.8 MILLION PENSION CLAIM

The court held that a chapter 11 bankruptcy business can sell its assets to a buyer under Bankruptcy Code section 363(f) free of $4.8 million union pension withdrawal liability M&A Stories July 19, 2022 Introduction: Selling a financially troubled business

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BUYER OF DISTRESSED BUSINESS ASSETS NOT LIABLE FOR SELLER’S CORPORATE LEASE: A CASE STUDY

Georgia state trial and intermediate appellate court held that the buyer who paid “reasonably equivalent value” for most of the assets of seller’s business, was not responsible for the insolvent seller’s corporate headquarters lease because the buyer did not assume

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