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…
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Understanding Successor Liability in M&A Deals: Michigan vs. New Jersey
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: Asset buyer, asset purchase agreement, Business acquisition, Case Study, Due diligence in M&A, Legal dispute, M&A legal blog, Master Lease Agreement, Mere Continuation Rule, Michigan law, Michigan vs. New Jersey, New Jersey law, successor liability, Successor liability risks, Varilease Finance Inc. v Earthcolor Inc
Buyer’s purchase price may triple post-closing because of underfunded union pension plan
Explore the legal implications of a case where a buyer’s purchase price may triple post-closing due to an undisclosed underfunded union pension plan liability. Learn from the Members of the Board Of Administration of the Toledo Area Industries UAW Retirement…
Posted in asset purchase agreement, constructive knowledge, distressed business acquisitions, federal multiemployer pension plan withdrawal liability, multi-employer pension plan, successor liability, union liabilities Tagged with: asset purchase agreement, Business continuity analysis, Buyer's purchase price, Due diligence in M&A, ERISA (Employee Retirement Income Security Act), Goodwill in M&A, Hidden liabilities, Legal consequences in M&A, Legal implications in M&A, M&A case study, M&A legal blog, M&A lessons learned, Obz Inc case, Toledo Area Industries UAW Retirement Income Plan, Union pension plan liability
Legal Battle Unveils Buyer’s Right to Sue Seller Over Undisclosed Union Contract
Explore a recent M&A development where a Nebraska-based buyer faces legal challenges after the seller failed to disclose an existing union contract. Dive into the details of the case and understand the implications for M&A transactions. M&A Stories November 5,…
Posted in due diligence, fraud in business sale, post asset purchase issues, representations and warranties, successor liability, union fringe benefits, union liabilities Tagged with: Asset purchase negotiations, Buyer's rights in M&A, ERISA statutes violation, Legal proceedings in M&A, M&A legal dispute, Post-closing disputes, Risk mitigation in mergers and acquisitions, successor liability, Undisclosed union contract, Union contract review
Federal Court Ruling on Asset Buyer’s Liability for Seller’s Wage and Hour Issues
Explore the intricacies of a recent federal court ruling in Diaz v. Slayton One Cleaner Inc., dissecting the responsibility of asset buyers for seller’s wage and hour issues in M&A transactions. Understand the court’s decision and its implications for small…
Posted in due diligence, federal wage and hour violations, successor liability Tagged with: Asset Buyer Liability, Diaz v. Slayton One Cleaner Inc., Due Diligence in Acquisitions, Federal court ruling, M&A legal blog, New York M&A Cases, Seller's liabilities, Small Transaction Red Flags, Successor liability doctrine, Wage and Hour Issues
Buyer’s Unemployment Tax Liability: Navigating Successor Issues in M&A
Explore the complexities of unemployment tax liability in M&A transactions through a Palisade case study. Understand the legal implications for buyers and the importance of navigating successor issues. Stay informed on how operational changes post-acquisition may not exempt buyers from…
Posted in seller's unemployment experience rating, successor liability Tagged with: buyer's responsibilities in asset acquisition, buyer's tax rate, Colorado Department of Labor and Employment, Court of Appeals of Colorado, Dos Almas LLC v. Industrial Claim Appeals Office, employment retention in M&A, Legal proceedings in M&A, M&A unemployment tax, Palisade case study, post-acquisition operations, successor liability, successorship issues, tax rate liability in M&A
Successor Liability: A Cautionary Tale for Asset Buyers in M&A Deals
Explore the intricate legalities of asset purchases in M&A through a cautionary tale. Delve into the Alabama Teachers Credit Union v. Design Build Concepts case, highlighting successor liability nuances, business continuity, and the impact of labeling transactions. Learn valuable insights…
Posted in successor liability Tagged with: Alabama law, Alabama Teachers Credit Union, asset purchase agreement, asset purchases, business continuity, buyer assurances, Buyer equity, buyer responsibility, Case Study, cautionary tale, construction business acquisition, construction defects, Court Case, Design Build Concepts, key personnel retention, Legal action, legal implications, legalities, M&A, M&A Transactions, merger, post-acquisition issues, seller's name usage, statute of limitations, successor liability
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