Blog Archives

Buyer’s Non-Assumption of Implied Warranty in Treadmill Maker Acquisition

Explore a significant M&A legal case involving the acquisition of a treadmill manufacturing company, where the buyer’s responsibility for warranties was at the heart of the lawsuit. Learn how the Texas Supreme Court’s decision impacted the outcome. M&A Stories November

Posted in assumption of a contract, implied warranty of merchantability, seller's warranty claims, successor liability Tagged with: , , , , , , , , , , ,

Asset Buyer’s Risk in Unassumed Seller Contracts: A Cautionary Tale

Explore the potential risks faced by asset buyers when dealing with unassumed seller contracts in the world of mergers and acquisitions. Learn from a cautionary tale involving a buyer, a seller, and a critical contract dispute. M&A Stories May 28,

Posted in asset purchase agreement, assignment of contracts, assumed liabilities, assumption of a contract, consent to assignment, due diligence Tagged with: , , , , , , , , , , , , , , , , , , , ,

Understanding Successor Liability in M&A Deals: Michigan vs. New Jersey

Explore the nuances of successor liability in M&A deals, focusing on the legal case of Varilease Finance, Inc. v. Earthcolor, Inc. This blog simplifies the complexities of Michigan and New Jersey’s successor liability tests, offering insights for professionals in the

Posted in asset buyer's assumption of seller's liabilities by contract, asset purchase agreement, asset seller's liabilities, assumed liabilities, assumption of a contract, buyer's assumption of seller liabilities in asset acquisition, excluded liabilities, mere continuation, seller owners equity interest in buyer, successor liability Tagged with: , , , , , , , , , , , , , ,

Energy Drink Acquisition: Legal Battle Over Formula Restrictions

Explore the legal battles surrounding energy drink acquisitions and formula restrictions. Learn from the case of Innovation Ventures, LLC v. Custom Nutrition Laboratories, LLC. M&A Stories January 2, 2019 In 2004, a well-known energy drink manufacturer partnered with a company

Posted in asset purchase agreement, assumed liabilities, assumption of a contract, assumption of contract by incorporation by reference Tagged with: , , , , , , , ,

Court Decision: Buyer Assumes Liability for Lead Paint Poisoning in M&A Deal

Explore a recent Wisconsin court decision on an M&A case where a buyer assumed liabilities for lead paint poisoning. Gain insights into the court’s interpretation of the asset purchase agreement and its impact on M&A transactions. M&A Stories November 14,

Posted in asset buyer's assumption of seller's liabilities by contract, asset seller's liabilities, asset vs stock deal, assumed liabilities, excluded liabilities, successor liability Tagged with: , , , , , , , , , , , , , ,

Dispute Erupts in Aerospace Acquisition: Battle Over Warranty Claims

  Dive into the complexities of M&A as we unravel a recent legal dispute in the aerospace industry. Explore the intricacies of warranty claims, allocation of liabilities, and the aftermath of an acquisition gone awry. Gain insights from a real-life

Posted in asset seller's liabilities, assumed liabilities, excluded liabilities, seller's warranty claims Tagged with: , , , , , , , , , , , , , , , ,

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