A whistleblower claims that the buyer of the assets of a dental practice is responsible for allegedly false Medicaid claims filed by the seller. M&A Stories July 6, 2023 Introduction: In this M&A story, we discuss a case where the…
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DOL ALLEGES NEGLIGENCE IN MONITORING ESOP TRUSTEE IN M&A DEAL
Learn about a recent M&A case involving a Hawaii-based architectural engineering firm and the Department of Labor’s allegations of negligence in monitoring the ESOP trustee’s actions. Understand the importance of using an independent ESOP trustee to mitigate liability risks. Read…
Posted in director liability, independent trustee, prudence, sale of business to ESOP Tagged with: Acquisition, Court decision, Department of Labor, Employee Stock Ownership Plan, ESOP Trustee, Fiduciary Duty, Independent Trustee, Legal Blog, Liability, M&A, M&A Transactions, Negligence, Stewart v. Saakvitne, Valuation
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
Seller’s Insurance Broker Sued for Failing to Add Buyer as Loss Payee
This blog post discusses a recent lawsuit involving an insurance broker’s failure to notify a carrier about a buyer’s loss payee status in an M&A deal. Learn about the case, its implications, and the legal aspects surrounding this issue. M&A …
Posted in certificate of insurance, insurance broker duty, insurance coverage, loss payee Tagged with: asset purchase agreement, asset transfer, business interruption, business interruption coverage, buyer, certificate of insurance, duty of insurance broker to notify carrier of addition of loss payee, Environmental Services, financial lawsuit, Illinois statutory law, insurance broker, insurance carrier, insurance proceeds, Lawsuit, Legal Case, lender's loss payee, Liability, Litigation, loss payee, M&A, policy coverage, seller, used motor oils
How an Asset Purchase Agreement Shields Buyers from Employee Claims
Explore the intricacies of asset and stock purchases in M&A transactions to effectively manage risks and protect personal assets. Learn from a real case study and understand the importance of asset purchase agreements. M&A Stories March 26, 2019 When you’re…
Posted in purchase agreement Tagged with: asset purchase agreement, Case Study, Corporate Structure, Employee Claims, Lawsuit, Legal Blog, Liability, M&A Transactions, risk management, stock purchase
Fraud Carve Out Rescues Buyer in Complex M&A Divestiture
Explore a recent M&A case highlighting the importance of meticulous contract negotiation and the legal intricacies surrounding fraud and concealment in asset purchase agreements. M&A Stories February 04, 2019 In the world of Mergers and Acquisitions, a recent case shed…
Posted in "as is where is", fraud in business sale Tagged with: asset purchase agreement, Breach of contract, buyer, Case Study, Class action lawsuit, concealment, contract negotiation, Delaware law, economic loss doctrine, fraud, fraud carve out, Legal Blog, Liability, M&A, Mergers and Acquisitions, Perrigo Company International Vitamin Company, pharmaceutical industry, seller
Understanding Liability in Asset Acquisitions: A Case Study
Delve into the labyrinth of M&A legal intricacies with our latest blog post, “Understanding Liability in Asset Acquisitions: A Case Study.” Join us on a journey through the legal quagmire faced by astute buyer John as he navigates the haunting…
Posted in successor liability Tagged with: asset acquisitions, business assets, business liabilities, business litigation, business ownership, California Court of Appeals, Case Study, Corporate Law, corporate succession, Corporate transactions, legal advice, legal implications, Legal intricacies, legal nuances, Legal Precedents, legal quagmire, Legal Risks, Legal Saga, legal strategy, Liability, liability exposure, Lundell v. Sidney Machine Tool Co. (1987), M&A legal, Mergers and Acquisitions, Ray v. Alad Corp., transactional specifics
Understanding Asset Buyer Liability for Defective Products in M&A
Unlock the complexities of M&A asset acquisitions with insights into liability for defective products. Explore legal precedents, such as the product-line exception, and learn how to navigate post-closing liabilities effectively. Dive into case studies, due diligence strategies, and industry insights…
Posted in successor liability Tagged with: Asset acquisition, Asset buyer, California Supreme Court, Case Study, defective products, due diligence, Industry Insights, Insurance Coverage, legal doctrine, Legal precedent, Liability, litigation history, M&A, Mergers and Acquisitions, post-closing liabilities, product liability claims, product line exception, Ray v. Alad Corp., Risk mitigation
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