Explore a legal case involving an airline acquisition where buyer owners’ personal guarantee becomes a point of contention. Learn about the complexities of M&A transactions and the implications of personal guarantees in such deals. M&A Stories December 03, 2020 Introduction:…
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Seller’s Indemnification Cap Dispute: What Entrepreneurs and Investors Should Know
Explore the intricacies of indemnification caps in M&A deals. Learn about a real case involving a private equity firm, a $2.25 million dispute, and the importance of clarity in asset purchase agreements. M&A Stories May 21, 2019 Introduction: In the…
Posted in asset purchase agreement, excluded or retained liabilites, indemnification cap, post closing covenants Tagged with: asset purchase agreement, Asset purchase agreements, business litigation, Buyer-seller disputes, Contaminated chemical inventory, Entrepreneurial insights, excluded liabilities, indemnification cap, Indemnification caps, indemnification for covenant breaches, Indemnification for representation and warranty breaches, Legal clarity in contracts, Legal counsel in M&A, M&A best practices, M&A case study, M&A legal dispute, Main Market Partners v. Olon Ricerca Bioscience, post closing covenants, Private equity in M&A, retained liabilities
Buyer’s Legal Dispute Over Unpaid Receivables in M&A Deal
Explore a real-life M&A case involving unpaid receivables and the legal implications for both buyers and sellers. Understand the risks and strategies to manage bad receivables in your M&A transactions. M&A Stories March 20, 2019 Introduction: In the world of…
Posted in purchase agreement Tagged with: Accounts receivable management, accounts receivable representation and warranty, asset purchase agreement, Buyer-seller lawsuit, ChartCare Solutions Inc lawsuit, indemnification for seller's operation of business before closing, Indemnification in M&A, Legal implications in M&A, M&A legal dispute, making it more discoverable to readers interested in M&A legal topics., Managing M&A risks, Medical billing company acquisition, Pennsylvania federal district court, Pre-Closing Business Operations, purchase price adjustment, Receivables write-off, Risk management in M&A, Unpaid receivables
Court Finds Seller Did Not Breach Implied Nonsolicitation Obligation in M&A Case
Explore a recent M&A legal case where a New York federal district court examined non-compete breaches and trademark infringement. Gain insights into non-compete obligations, the introduction of a new competing product post-closing, preliminary injunctions, and the nuanced interpretation of M&A…
Posted in covenant not to compete, nonsolicitation of employees and customers, trademark infringement Tagged with: asset purchase agreement, Biotene product line, Glaxosmithkline LLC v Laclede Inc, intellectual property, M&A agreements, M&A legal dispute, New York implies nonsolicitation covenant when selling goodwill of business., New York law, non-compete breaches, nonsolicitation obligation, perpetual non-compete, Preliminary injunction, Trademark Infringement
Buyer’s Legal Battle for Lost Profits: Lessons from an M&A Dispute
Explore the intricacies of an M&A setback as a buyer pursues a share in the $5 billion back-to-school market. Uncover the legal battle and key takeaways from a case involving licensing agreements, lost profits, and the importance of proving damages.…
Posted in breach of contract, commercially reasonable efforts, Covenants, damages Tagged with: asset purchase agreement, Breach of contract in M&A, Buyer's burden of proof, Commercially reasonable efforts, Imagination LLC vs. MZ Berger & Co. case, Lessons from failed acquisitions, Licensing agreements litigation, Lost profits in acquisitions, M&A legal dispute, Michigan federal district court case
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
Legal Dispute Over Earnout: Lessons for Business Sellers
Explore the intricacies of a recent M&A case involving a privately held PR firm and a New York City-based buyer. Delve into the background, the unfolding dispute, the court’s ruling, and the implications for sellers considering earnouts. Learn valuable lessons…
Posted in earn outs Tagged with: Business acquisition, business litigation, business sellers' consideration, Buyer Obligations, Buyer-seller disagreement, Court ruling, earnout case, earnout lessons, Earnout Payments, Hoffman v. Nutmeg Music Inc., M&A legal dispute, risks of earnouts, seller's management style, stock purchase agreement, target client net revenues
Dispute Over Severance Payments: A Lesson in Clear Contract Language
Explore the legal battle in Perrigo Company v. International Vitamin Corporation, highlighting the importance of clear contract language in M&A transactions. Learn how a complex asset purchase agreement led to a $1.2 million reimbursement dispute and the lessons for avoiding…
Posted in hiring seller's employees, overly complicated language in contract Tagged with: asset purchase agreement, Business sale conflicts, Clear Contract Language, Complex agreements, International Vitamin Corporation, Legal battle in Delaware, Lessons in contract clarity, M&A legal dispute, Perrigo Company, Severance payments
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