Blog Archives

Challenging a M&A Buyer’s Good Faith in an Earnout Dispute

Explore the intricacies of M&A earnouts and legal disputes in this compelling blog post dissecting the Butler v. Ferguson Enterprises Inc. case. Gain valuable insights into contract negotiations, operational matters, and the pivotal role of judicial scrutiny in post-closing disputes.

Posted in problems with earnouts Tagged with: , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Navigating the Legal Landscape: A Tale of Restaurant IP in M&A

Dive into the captivating world of mergers and acquisitions with our latest blog post, ‘Navigating the Legal Landscape: A Tale of Restaurant IP in M&A.’ Uncover the twists and turns of a high-stakes case involving the sale of intellectual property

Posted in Problems with intellectual property, trademark infringement Tagged with: , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Navigating the Pitfalls: Whiskey Supplier’s Consent in M&A Sale of Distributorship

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

Posted in Problems with franchise deals Tagged with: , , , , , , , , , , , , , , , , , , , ,

Sale of Vet Practice and Noncompetition Agreements

Unlock the secrets of M&A legal strategies in our latest blog post as we delve into the fascinating world of professional service business acquisitions. Explore the intricate dance between buyers and sellers, focusing on a compelling case involving the sale

Posted in problems with noncompetition covenants, Uncategorized Tagged with: , , , , , , , , , , , , , , , , , , , , , , , , , ,

M&A Post-Closing Business Failures: Navigating Legal Challenges

Explore a real-life case of post-M&A business difficulties and legal actions. Learn how the court determined the dischargeability of debt in the face of a struggling business. M&A Stories November 7, 2023 Introduction: In small M&A transactions, deferred purchase prices

Posted in personal guaranty Tagged with: , , , , , , , , , , , , , ,

Protecting M&A Asset Buyers from Product Liability: A Case Study

Explore a real-life case study in M&A law where asset buyers face product liability challenges. Learn about strategies to mitigate risk and protect your investments. M&A Stories October 24, 2023 Introduction: In the world of M&A, asset buyers often face

Posted in Problem with products Tagged with: , , , , , , , , ,

Stalking Horse’s Bid Fails in M&A Deal Due to Dispute Over PPP Loan Value

Explore a recent M&A case where a stalking horse bid faced challenges due to disagreements over the value of a PPP loan. Gain insights into the legal intricacies and implications of this unique situation. M&A Stories November 17, 2020 Introduction:

Posted in bankruptcy sale, distressed business acquisitions, PPP loan assumption, Section 363 sale Tagged with: , , , , , , , , ,

Expert Opinion on Unreasonable Denial of Dealership Sale by GM

Gain insights into a case involving the denial of a Buick GMC dealership sale by GM. Learn about the legal actions, expert testimony, and the importance of expertise in such complex M&A situations. M&A Stories October 20, 2020 Introduction: When

Posted in approval of franchisor, denial of consent must be reasonable, franchise sale Tagged with: , , , , , , , , , , , ,

Bankruptcy Court Rejects Creditor’s Claim Against Buyer in Post-363 Successor Liability Dispute

Learn about a recent bankruptcy case involving a struggling popsicle business and the legal challenges faced by the buyer. Discover how the court’s ruling highlights the importance of using Bankruptcy Code Section 363 to acquire distressed businesses and avoid successor

Posted in successor liability Tagged with: , , , , , , , ,

Seller’s Responsibility for Buyer’s Pre-Closing Claim Costs in M&A Deals

Explore the intricacies of seller responsibilities for buyer’s pre-closing claim costs in M&A deals. Learn how indemnification provisions can play a crucial role in protecting buyers from unexpected legal challenges. Case reference: ALLERGAN FIN., LLC v. PFIZER INC. April 30,

Posted in indemnification Tagged with: , , , , , , , , , , ,

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