Dive into the intricate world of mergers and acquisitions with our latest blog post, ‘Navigating the Pitfalls: Whiskey Supplier’s Consent in M&A Sale of Distributorship.’ Explore the challenges faced in a recent Nashville-based distributorship asset sale, where securing the supplier’s…
Blog Archives
Navigating Earnout Disputes: Expert Determination vs. Arbitration
Explore a real M&A case (Sapp v. Indus. Action Services, LLC) involving earnout disputes and the legal battle between expert determination and arbitration. Learn the key findings, implications, and the court’s role in resolving EBITDA threshold disagreements. M&A Stories November…
Posted in arbitration vs expert determination, problems with earnouts Tagged with: accounting firm, arbitration, asset sale, Buyer-seller disagreement, case reference, court intervention, Earnout disputes, EBITDA thresholds, expert determination, Industrial Services, Legal Actions, M&A Disputes, Sapp v. Indus. Action Services LLC, Third Circuit Court
Legal Troubles in M&A: Supplier’s Lawsuit Against Seller for Fraud
Explore a case study on M&A legal issues as a supplier sues a seller for alleged fraud. Learn about the legal challenges and key takeaways. M&A Stories October 30, 2023 Introduction: Selling your company’s assets can pose a significant risk…
Posted in Problem with Vendors and Suppliers Tagged with: asset sale, business negotiations, Case reference: Pratt Corrugated Holdings Inc V Porter Pizza Box of Ohio LLC, Creditor status, Federal court case, Legal consequences in M&A, Legal Risks in M&A, M&A case study, M&A legal blog, Ohio Uniform Fraudulent Transfer Act, seller fraud, Supplier lawsuit
M&A Asset Buyer’s Liability for Unpaid Invoices: A Legal Case Analysis
Explore the complexities of asset buyer liability in M&A transactions through a legal case analysis. Delve into successor liability and its application in a recent court decision. M&A Stories October 19, 2023 Introduction: In the world of mergers and acquisitions…
Posted in problems with successor liability Tagged with: asset purchase agreement, asset sale, Cleveland-Cliffs Burns Harbor LLC v Boomerang Tube LLC, Corporate continuity, Delaware Court of Chancery, Delaware law, legal case analysis, Legal theories in M&A, Liability for unpaid invoices, M&A asset buyer, M&A transaction, Mere Continuation, Successor entity, successor liability, Unpaid invoice collection, Vendor's lawsuit
Insolvent Nonprofit Hospital Sells Assets in Bankruptcy: California Attorney General’s $305 Million Conditions Overruled
Explore the legal details of a California nonprofit hospital’s asset sale in bankruptcy, where the Attorney General’s conditions were overruled, impacting a $610 million deal. Learn about the implications and case reference. November 1, 2019 Introduction: Selling assets of a…
Avoiding Liability When Selling Your Fitness Club: Lessons from Mechanicsburg Fitness Case
Learn from the legal battle of a Pennsylvania-based Gold’s Gym and how poorly drafted contracts led to post-sale litigation. Discover key takeaways for selling your business without facing similar issues. M&A Stories June 5, 2019 Introduction: Selling your company can…
Posted in asset purchase agreement, assignment of contracts, contracts, due diligence Tagged with: asset sale, assignment of contracts; due diligence of contracts, Business Sale, contract drafting, contractual provisions, fitness club, Gold's Gym, Legal Blog, Liability, M&A, Mechanicsburg Fitness, negotiations, personal trainers, post-closing liabilities, Stock sale
IRS Recovers Tax in Complex M&A Stock Deal
Explore the complexities of M&A transactions and the IRS’s pursuit of tax recovery in a stock deal. Learn from the case of Shockley v. CIR. M&A Stories December 11, 2018 In 2000, a couple who founded a media company in…
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