This blog post explores the critical and often overlooked “sandbagging” risk for M&A buyers in California. Learn why a buyer’s knowledge of a seller’s false representation can undermine post-closing claims under California law, a stark contrast to Delaware’s pro-sandbagging stance.…
Blog Archives
The Sandbagging Trap: Why M&A Buyers Need Explicit Protection Under California Law
Posted in Uncategorized Tagged with: Acquisition Agreement, anti-sandbagging, Arwood v. Aw Site Services, Breach of contract, California law, contractarian, Delaware law, due diligence, Hauter v. Zogarts, indemnification, Legal Blog, lower middle market, M&A, M&A Risk Management, Mergers and Acquisitions, Private Equity, pro-sandbagging, reliance, representations and warranties, reps and warranties, sandbagging clause, Strategic buyer, Telephia
Asset Buyer’s Liability in Post-Closing Product Claims: What You Need to Know
Navigate the intricate world of mergers and acquisitions with insights into post-closing liabilities and product claims. Learn from a recent case in New Mexico’s federal district court, delving into the complexities of asset buyer’s liability and strategic maneuvers in M&A…
Posted in successor liability Tagged with: asset buyer's liability, asset purchase agreement, California law, legal defense strategies, legal doctrines, legal implications, legal nuances, Legal Precedents, Legal Risks, Legal Strategies, liability avoidance, Liability in acquisitions, liability in asset acquisition, M&A case study, M&A legal, manufacturing methods, Mergers and Acquisitions, New Mexico law, Product claims, product design, product liability, product line exception
Limiting Buyer Liability in Asset Acquisitions: Lessons from California Law
Delve into the intricate world of M&A liability allocation with our latest blog post. Explore how California law impacts buyer responsibility in asset acquisitions and learn crucial lessons from landmark legal cases. Essential reading for entrepreneurs, CEOs, and industry professionals…
Posted in successor liability Tagged with: asset acquisitions, buyer responsibility, California law, corporate liabilities, Industry Insights, legal implications, Legal Landscape, M&A liability, Mergers and Acquisitions, Monarch Bay II v. Professional Service Industries Inc., product line exception, Purchase agreement, Ray v. Alad Corp., seller negligence
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.…
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: Asset acquisition, business liability, business strategy, California law, case analysis, due diligence, legal counsel, legal principles, M&A, Mergers and Acquisitions, Phillips v. Cooper Laboratories, product line exception, product manufacturing, Purchase agreements, risk management, successor liability
Understanding Joint Ventures: A Legal Perspective on Profit Sharing and Usury in California
Explore the legal intricacies of joint ventures in California, delving into profit sharing, usury laws, and the pivotal case of Ambrose v. Alioto. Discover how entrepreneurs and investors navigate shared risks and rewards, forging resilient alliances in pursuit of business…
Recent Comments