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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

Posted in fraud carveout, indemnification cap Tagged with: , , , , , , ,

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: , , , , , , , , , , , ,

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: , , , , , , , , , , , , , , , , , , ,

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,

Posted in indemnification cap, percentage of purchase price Tagged with: , , , , , , , , , ,

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: , , , , , , , , ,

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: , , , , , , , , ,

Pitfalls of Signing Closing Documents Prematurely: Lessons from Payne v. Cunningham

Explore the legal ramifications of signing M&A closing documents prematurely, illustrated through Payne v. Cunningham. This blog delves into a notable 2016 case involving a car dealership sale, highlighting the crucial importance of timing in avoiding unforeseen legal consequences. Learn

Posted in breach of contract, closing, damages, specific performance, stock purchase agreement Tagged with: , , , , , , , , , , , , , , , , , , , ,

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: , , , , , , , , ,

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