Blog Archives

Navigating Trademark Pitfalls in M&A: Lessons from Nutradose Labs Case

Explore the intricate world of M&A legalities with our latest blog post, “Navigating Trademark Pitfalls in M&A: Lessons from Nutradose Labs Case.” Delve into the riveting case of Nutradose Labs, LLC v. Bio Dose Pharma, LLC, as we unravel the

Posted in trademark infringement Tagged with: , , , , , , , , , , , , , , , , , , , , , , , , ,

Unveiling Post-Merger Changes: Navigating Customer Disclosures in M&A Deals

Explore the intricacies of customer disclosures in M&A transactions through a case study of a 2013 acquisition in Maryland’s cellular phone market. Learn from the pitfalls of insufficient transparency and the legal consequences that followed. Gain insights into FCC approval

Posted in problems with customers Tagged with: , , , , , , , , , , , , , , , , , ,

BUSINESS BUYER FACES DEFAMATION LAWSUIT FROM SELLER’S OWNER

The buyer of a company is sued for defamation by the seller’s owner for telling former seller employees that the seller’s owner had mishandled their health insurance premium contributions. M&A Stories May 22, 2023 Introduction: In a unique legal case,

Posted in problem with seller's owner Tagged with: , , , , , , , , ,

BUYER’S WARRANTY PROMISE EXPOSES LEGAL CONSEQUENCES IN MANUFACTURER’S ASSET ACQUISITION

A New Hampshire federal district court permitted the distributor to pursue a claim against the buyer based upon its assurances made to the distributor before closing. The buyer did not tell the distributor that its responsibility to fix printers sold

Posted in Problem with distributors Tagged with: , , , , , , , , ,

Buyer’s Failure to Timely Pay Results in Lost Acquisition Opportunity

Explore a case involving a missed payment deadline in a business acquisition agreement and the legal consequences that followed. Learn how a buyer’s failure to adhere to agreement terms can lead to significant consequences in mergers and acquisitions (M&A). M&A

Posted in failure to make timely purchase price payment, rescission Tagged with: , , , , , , , , , , , , , , , , ,

Buyer Beware: When Trust Turns Into Deceit in M&A

Explore a cautionary M&A tale of misplaced trust and its legal consequences. Learn why protective deal terms are crucial even when trust is strong. September 19, 2019 M&A Stories Introduction: In the world of M&A, sometimes good intentions can lead

Posted in covenant not to compete, fraudulent inducement, noncompetition covenant term Tagged with: , , , , , , , , , , , ,

Employment Agreement Breach: Impact on Non-Compete Enforcement

Explore the consequences of employment agreement breaches in M&A transactions. This blog delves into a case where a company’s failure to uphold an employment contract affected its ability to enforce a non-compete clause. Learn valuable lessons for post-closing integration and

Posted in covenant not to compete, employment agreement, stock purchase agreement Tagged with: , , , , , , , , ,

Pitfalls of Signing Closing Documents Prematurely: Lessons from Payne v. Cunningham

Explore the legal ramifications of signing M&A closing documents prematurely, illustrated through Payne v. Cunningham. This blog delves into a notable 2016 case involving a car dealership sale, highlighting the crucial importance of timing in avoiding unforeseen legal consequences. Learn

Posted in breach of contract, closing, damages, specific performance, stock purchase agreement Tagged with: , , , , , , , , , , , , , , , , , , , ,

Navigating M&A Pitfalls: Signing Purchase Agreement Before Agreement on All Essential Terms

Explore a real-life M&A transaction involving a wholesale distributor of candy and tobacco products. Delve into the complexities of change of control provisions, supplier consent, and the legal aftermath. Learn from the Musallam v. Ali case as we highlight the

Posted in deferred closing, post signing asset valuation 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: , , , , , , , , , , , , , , , ,

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