Learn about the fraud exception in M&A indemnification through a case illustration. Understand how a buyer successfully claimed damages beyond the indemnification cap for seller fraud in an acquisition deal. M&A Stories July 28, 2021 Introduction: In M&A deals, it’s…
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Delaware Court Allows Buyer’s Claims Against Seller for Breach and Fraud in Business Acquisition
Explore a significant M&A legal case where a Delaware court permitted a buyer to pursue claims against a seller for breach and fraud in a business acquisition. Get insights into the buyer’s legal battle and the implications of acquisition agreement…
Posted in damages, exclusive remedy, fraud carveout, indemnification cap Tagged with: acquisition agreement terms, Buyer's Claims, Delaware Court, Firmenich Incorporated v. Natural Flavors, fraud in business acquisition, Inc., industry compliance, Legal dispute, M&A legal case, M&A litigation, organic certificates, organic product manufacturing, seller breach
Seller’s Indemnification Cap Dispute: What Entrepreneurs and Investors Should Know
Explore the intricacies of indemnification caps in M&A deals. Learn about a real case involving a private equity firm, a $2.25 million dispute, and the importance of clarity in asset purchase agreements. M&A Stories May 21, 2019 Introduction: In the…
Posted in asset purchase agreement, excluded or retained liabilites, indemnification cap, post closing covenants Tagged with: asset purchase agreement, Asset purchase agreements, business litigation, Buyer-seller disputes, Contaminated chemical inventory, Entrepreneurial insights, excluded liabilities, indemnification cap, Indemnification caps, indemnification for covenant breaches, Indemnification for representation and warranty breaches, Legal clarity in contracts, Legal counsel in M&A, M&A best practices, M&A case study, M&A legal dispute, Main Market Partners v. Olon Ricerca Bioscience, post closing covenants, Private equity in M&A, retained liabilities
Navigating Indemnification Caps in M&A Deals
Explore the intricacies of indemnification caps in M&A deals and learn from a recent case dispute over their interpretation. Gain insights into risk mitigation strategies for buyers and sellers in the world of mergers and acquisitions. M&A Stories May 20,…
Seller Claims Confidentiality Breach Costs It $12.7 Million in M&A Case
Explore the legal repercussions of a breach of confidentiality in an M&A deal. Learn from the Cargotec Corporation v. Logan Industries case and the potential pitfalls sellers face when sharing sensitive information with potential buyers. M&A Stories January 8, 2019…
Posted in damages, diminuation of value, lost profits, nondisclosure agreement, nondisclosure provision, strategic acquisition, strategic acquisition Tagged with: Appellate court decision, Cargotec Corporation v. Logan Industries, Confidentiality clause in M&A, Confidentiality risk in due diligence, Legal battle in M&A, Loss in M&A deal, M&A case study, M&A confidentiality breach, Offshore equipment acquisition, Seller's legal rights
Israeli Pharma Buyer’s Fraud Claim Against Mexican Pharma Seller Dismissed
Explore the case of an Israeli pharma company’s fraud claim against a Mexican pharmaceutical seller and its dismissal. Learn about the importance of due diligence in M&A deals. M&A Stories December 19, 2018 In 2015, an Israeli pharma company (Buyer)…
Posted in compliance with all applicable laws, extra-contractual fraud, fraud in business sale, indemnification cap, representations and warranties Tagged with: Buyer's lawsuit, Due diligence in M&A, fraud claim dismissal, Israeli pharma buyer, Legal violations, M&A legal case, Mexican FDA compliance, Mexican pharmaceutical seller, Representation and Warranty, Thorough due diligence
Buyer’s Legal Battle for Lost Profits: Lessons from an M&A Dispute
Explore the intricacies of an M&A setback as a buyer pursues a share in the $5 billion back-to-school market. Uncover the legal battle and key takeaways from a case involving licensing agreements, lost profits, and the importance of proving damages.…
Posted in breach of contract, commercially reasonable efforts, Covenants, damages Tagged with: asset purchase agreement, Breach of contract in M&A, Buyer's burden of proof, Commercially reasonable efforts, Imagination LLC vs. MZ Berger & Co. case, Lessons from failed acquisitions, Licensing agreements litigation, Lost profits in acquisitions, M&A legal dispute, Michigan federal district court case
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