Blog Archives

Court Examines New York’s Successor Liability Doctrines De Facto Merger vs. Mere Continuation

Dive into the complexities of New York’s successor liability doctrines in our latest M&A blog post. This in-depth analysis examines the recent case of Avamer 57 Fee LLC v. Hunter Boot USA LLC, where the court navigated the nuances of

Posted in de facto merger exception, mere continuation, problems with successor liability Tagged with: , , , , , , , , , , , , , , , , , , ,

ASSET BUYER’S PRODUCTS LIABILITY AS SUCCESSOR: A CASE STUDY

The asset buyer had not assumed this liability in the asset purchase agreement and no common ownership or officer director management between buyer and seller. M&A Stories August 26, 2021 Introduction: When an asset buyer acquires a business, they have

Posted in all cash deal, asset purchase, continuity of ownership, de facto merger exception, mere continuation, mere continuation exception, product line exception, successor liability Tagged with: , , , , , , , , ,

COURT ALLOWS DISTRIBUTOR TO SUE BUYER FOR PRE-CLOSING BREACH IN ACQUISITION DEAL

Read about a recent acquisition deal in the printer equipment manufacturing industry where a distributor sued a buyer for alleged pre-closing breach under the “mere continuation successor liability” theory. M&A Stories March 08, 2021 Introduction: In a recent acquisition deal

Posted in mere continuation, mere continuation exception, successor liability 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: , , , , , , , , , , , , , ,

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