Explore the complexities of M&A deals involving union employees in our latest blog post. Learn from the case of International Painters And Allied Trades Industry Pension Fund v. Hess Glass Company and the potential risks for asset buyers. M&A Stories…
Blog Archives
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…
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
Mitigating Successor Liability Risks in Asset Acquisitions Involving Equity
Explore the key considerations and risks associated with acquiring assets in M&A deals involving buyer equity. Learn how successor liability risks can be effectively mitigated, with insights from the Credit Card Services, Inc v. Joe Teh Chuang case. M&A Stories…
Posted in problems with successor liability Tagged with: Acquisition strategies, asset acquisitions, Business acquisition, Buyer equity, Buyer's exposure, case reference, Confidential information, Credit Card Services Inc v Joe Teh Chuang, legal proceedings, Liability in M&A, M&A deals, M&A legal blog, Mitigating risks, successor liability, trade secrets
BUYER’S SUCCESSOR LIABILITY IN NEW JERSEY FOR HISTORICAL CONTAMINATION
Learn about buyer’s successor liability for historical contamination in New Jersey when acquiring manufacturing businesses. M&A Stories August 1, 2023 Introduction: When a buyer acquires a manufacturing business, they may unknowingly inherit certain liabilities from the seller. This blog discusses…
BUYER FACES $279K CLAIM FROM SELLER’S UNION IN ASSET PURCHASE OF CONCRETE MANUFACTURER
The buyer knew about the seller’s union debt before closing. The fight is over whether the concrete manufacturing business of the buyer after the closing was substantially the same as the seller’s concrete manufacturing business. M&A Stories January 17, 2023…
UNSECURED CREDITORS DISPUTE $36 MILLION SALE OF DISTRESSED SNACK MAKER BEFORE BANKRUPTCY
The seller’s unpaid creditors contend that other potential strategic partners were willing to pay between $42 million and $51 million for the seller. M&A Stories September 26, 2022 Introduction Selling a financially distressed business involves unique risks for both the…
Posted in problems with creditors of distressed business Tagged with: $36 million sale, bankruptcy, bankruptcy sale, Breach of fiduciary duty, Corporate governance, Dispute, Distressed snack maker, Financial difficulties, Lawsuit, M&A legal, Piercing the corporate veil, Private equity firm, Section 363 sale, successor liability, Unsecured creditors
ASSET BUYER’S PRODUCTS LIABILITY AS SUCCESSOR: A CASE STUDY
The asset buyer had not assumed this liability in the asset purchase agreement and no common ownership or officer director management between buyer and seller. M&A Stories August 26, 2021 Introduction: When an asset buyer acquires a business, they have…
Posted in all cash deal, asset purchase, continuity of ownership, de facto merger exception, mere continuation, mere continuation exception, product line exception, successor liability Tagged with: Asset buyer, asset purchase agreement, Bell v. American International Industries, Case Study, De Facto Merger Rule, M&A legal blog, Mere Continuation Rule, North Carolina Law, products liability, successor liability
INDIANA HIGH COURT CLARIFIES SUCCESSOR LIABILITY IN M&A DEALS
Learn about the recent Indiana Supreme Court ruling on successor liability in asset acquisitions. Understand the exceptions that relieve business asset buyers from seller creditor claims in M&A deals. M&A Stories April 30, 2021 Introduction: When acquiring the assets of…
Posted in continuity of enterprise exception, continuity of ownership, de facto merger exception, successor liability Tagged with: asset acquisitions, business asset buyer, de facto merger, Indiana M&A deals, Indiana Supreme Court ruling, Legal Blog, Mere Continuation, seller creditor claims, successor liability
COURT ALLOWS DISTRIBUTOR TO SUE BUYER FOR PRE-CLOSING BREACH IN ACQUISITION DEAL
Read about a recent acquisition deal in the printer equipment manufacturing industry where a distributor sued a buyer for alleged pre-closing breach under the “mere continuation successor liability” theory. M&A Stories March 08, 2021 Introduction: In a recent acquisition deal…
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