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Asset Buyer Can’t Recoup its Stale Fraud-Breach Claims Against Earnout

Explore a case study from March 10, 2020, involving a medical device company acquisition and the implications of not pursuing fraud/breach claims post-closing. Learn about the court’s ruling and the importance of timely action in M&A deals. March 10, 2020

Posted in earn out, earn outs, recoupment doctrine, statute of limitations Tagged with: , , , , , , , , ,

Buyer’s Indemnification Claim: Understanding Contractual and Statutory Limitations

Explore the complexities of indemnification claims in M&A deals. Understand how contractual and statutory limitations impact buyer’s claims based on the Kilcullen v. Spectro Scientific case. Learn from this legal dispute to navigate future acquisitions effectively. December 11, 2019 Introduction:

Posted in extension by contract in Delaware, indemnification, Intellectual Property, statute of limitations, survival of covenants, survival of reps and warranties, tolling Tagged with: , , , , , , , , , , ,

Extending Contractual Timeframes in M&A Deals Under Delaware Law

Explore the implications of Delaware law on survival periods and statute of limitations in M&A agreements. Learn how a recent case, Kilcullen v. Spectro Scientific, Inc., sheds light on extending timeframes for indemnification claims. September 6, 2019 M&A Stories Introduction:

Posted in extension by contract in Delaware, indemnification, statute of limitations, survival of reps and warranties, tolling Tagged with: , , , , , , , , , , , ,

Timely Products Liability Claims in M&A Deals: A Closer Look

Explore the intricacies of products liability claims in M&A deals, including indemnification agreements and survival periods. Dive into the legal resolution of a real case, CEI Equipment Company v. Gaddis. M&A Stories April 11, 2019 Introduction: In mergers and acquisitions,

Posted in indemnification, statute of limitations, survival of covenants Tagged with: , , , , , , , , ,

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