Blog Archives

Understanding Successor Liability in M&A Deals: Michigan vs. New Jersey

Explore the nuances of successor liability in M&A deals, focusing on the legal case of Varilease Finance, Inc. v. Earthcolor, Inc. This blog simplifies the complexities of Michigan and New Jersey’s successor liability tests, offering insights for professionals in the

Posted in asset buyer's assumption of seller's liabilities by contract, asset purchase agreement, asset seller's liabilities, assumed liabilities, assumption of a contract, buyer's assumption of seller liabilities in asset acquisition, excluded liabilities, mere continuation, seller owners equity interest in buyer, successor liability Tagged with: , , , , , , , , , , , , , ,

Buyer’s Dispute Over $1.5 Million Judgment: Who’s Responsible?

Explore a legal dispute in M&A involving a Nigerian business and a Louisiana shipbuilding company. Learn about the “mere continuation” exception in Louisiana law and its implications for successor liability. Dive into the complexities of this case and its impact

Posted in asset purchase agreement, Buyer beware, continuity of enterprise exception, mere continuation exception, successor liability Tagged with: , , , , , , , , , , , ,

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: , , , , , , , , ,

Buyer’s Unemployment Tax Liability: Navigating Successor Issues in M&A

Explore the complexities of unemployment tax liability in M&A transactions through a Palisade case study. Understand the legal implications for buyers and the importance of navigating successor issues. Stay informed on how operational changes post-acquisition may not exempt buyers from

Posted in seller's unemployment experience rating, successor liability Tagged with: , , , , , , , , , , , ,

New Mexico Court Clarifies Buyer Liability in Asset Purchase of Tar Lugger Business

Explore the intricacies of buyer liability in an asset purchase involving a tar lugger business, as clarified by a recent New Mexico court decision. Understand the legal dispute, court’s ruling, key points, and implications for buyers in asset purchase transactions.

Posted in de facto merger exception, earnout as ownership interest in buyer, successor liability Tagged with: , , , , , , , , , , , , , , , , , , ,

Successor Liability: A Cautionary Tale for Asset Buyers in M&A Deals

Explore the intricate legalities of asset purchases in M&A through a cautionary tale. Delve into the Alabama Teachers Credit Union v. Design Build Concepts case, highlighting successor liability nuances, business continuity, and the impact of labeling transactions. Learn valuable insights

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Understanding Successor Liability in M&A: Buyer Beware of Hidden Risks

Dive into the intricate world of mergers and acquisitions through compelling M&A Stories. Explore the hidden risks of successor liability in the legal battle of Indiana Electrical Workers Pension Benefit Fund v. ManWeb Services, Inc. Unravel the crucial aspects often

Posted in federal multiemployer pension plan withdrawal liability, successor liability Tagged with: , , , , , , , , , , , , , , , , , , , , , , ,

Buyer Beware: Understanding Liability in Asset Purchases

Dive into the intricate world of mergers and acquisitions with our latest blog post, ‘Buyer Beware: Understanding Liability in Asset Purchases.’ Uncover the cautionary tale of a buyer navigating the treacherous waters of liability, facing unforeseen legal challenges post-acquisition. Learn

Posted in federal employment discrimination liability, successor liability Tagged with: , , , , , , , , ,

Limiting Liability: Acquiring Assets in Bankruptcy and Product Liability

Dive into the intricate world of mergers and acquisitions through a captivating legal narrative. Explore the complexities of transferring liability in bankruptcy acquisitions, particularly in cases involving defective products. Unravel the legal precedents set by landmark cases like Nelson v.

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

Understanding Successor Liability in Asset Acquisition: Insights from Phillips v. Cooper Laboratories

Delve into the legal complexities of M&A with insights from Phillips v. Cooper Laboratories. Explore successor liability in asset acquisitions, learn from real-world cases, and master risk management strategies for businesses. Essential reading for entrepreneurs, legal professionals, and stakeholders navigating

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

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