Blog Archives

NO DUTY TO NEGOTIATE IN GOOD FAITH FOR TEXAS BUYER: A LESSON FROM M&A DEAL GONE AWRY

The buyer signs a nonbinding letter of intent to acquire a business. The deal never closes. A Texas intermediate appellate court finds that a prospective buyer owed the seller no duty of good faith and fair dealing. M&A Stories October

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COURT RULES BUYER NOT BOUND BY SELLER’S REVISIONS TO LOI IN M&A DEAL

Read about a recent court case involving LOI revisions in an M&A deal where the buyer was found not to be bound by the seller’s additional terms. Learn the importance of clarity in LOIs and avoiding disputes in business transactions.

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Buyer’s Ability to Solicit Seller’s Employees Despite Letter of Intent

Explore the legal complexities surrounding a buyer’s ability to approach seller’s employees despite a Letter of Intent (LOI) in business acquisitions. Understand the case of American Mortgage & Equity Consultants, Inc. v. Everett Financial, Inc. and key factors affecting the

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Strategic Buyer’s Decision Not to Proceed with APA after LOI

Explore the Mississippi high court’s ruling on a strategic buyer’s refusal to sign an Asset Purchase Agreement (APA) after signing a Letter of Intent (LOI) in this M&A legal blog. Delve into the background, hurdles, outcome, and legal action of

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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: , , , , , , , , ,

Navigating Confidentiality and Exclusivity: A Cautionary M&A Tale from the Scrap Metal Industry

Explore the legal intricacies of an M&A dispute between a Cleveland-based Buyer and a Covington, La.-based Seller in the scrap metal recycling industry. Learn valuable lessons on confidentiality, exclusivity, and the repercussions of breaching agreements in M&A negotiations. M&A Stories

Posted in exclusivity provision, letter of intent, nondisclosure agreement Tagged with: , , , , , , , , , , , , , , , ,

Court finds that seller of business may have violated an LOI exclusivity provision

This is story about how a company negotiating the sale of its business (the “seller”) ended up in court with the company interested in buying the business (the “buyer), over a provision in a letter of intent. In the words

Posted in exclusivity provision, letter of intent

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