Learn why a seller’s failure to conduct “reverse due diligence” on immigration compliance can lead to costly post-closing lawsuits. This blog uses a real Delaware M&A case to show how unmanaged legal risks, especially concerning undocumented employees, can unravel a…
Blog Archives
Court Holds M&A Agreement’s Limitation of Ohio’s Statute of Limitation Unenforceable
This blog explores a recent Ohio federal district court ruling, which rendered an M&A agreement’s limitation on the statute of limitations unenforceable. It highlights the nuances of survival clauses in asset purchase agreements and their legal implications for sellers in…
Posted in problems with survival provisions Tagged with: asset purchase agreement, asset sale, business litigation, business transaction, buyer indemnification claims, contractual limitations, Corporate Law, Deferred Purchase Price, indemnification, Legal compliance, Legal dispute, M&A, M&A agreements, M&A negotiation, M&A seller, M&A terms, Ohio federal court, Ohio law, Post-closing disputes, state law variations, statute of limitations, survival clause
M&A Buyer Blocks Seller’s Bankruptcy Discharge Over $225K Non-Compete Violation
In this engaging M&A blog post, we dive into a compelling legal case where a buyer successfully blocked a seller’s bankruptcy discharge over a $225,000 non-compete violation. Through this case study, we highlight the crucial importance of adhering to non-competition…
Posted in Problem with seller owner's competition Tagged with: bankruptcy court rulings, bankruptcy discharge, business competition, business law, business legalities, Business owners, business protection strategies, federal district court judgment, Legal compliance, Legal consequences, legal insights, Legal Risks in M&A, M&A case studies, M&A Disputes, M&A industry, M&A legal topics, M&A strategies, Mergers and Acquisitions, non-compete agreement, non-compete covenant violation, Non-compete enforcement, patent infringement, protecting business goodwill, seller's bankruptcy, willful patent infringement
The Importance of Due Diligence When Acquiring a Business in a Regulated Industry
Navigating the complex landscape of acquiring a business in a regulated industry can be a minefield without thorough due diligence. In our latest post, we delve into the critical importance of meticulous pre-acquisition audits to ensure compliance with stringent regulations…
Posted in problems with regulatory industry acquisitions Tagged with: broker-dealer compliance, Business acquisition risks, business law, compliance audits, corporate acquisitions, due diligence, Eischen v. Adaptation Financial Advisers Inc., federal securities regulations, financial industry regulations, investment firm acquisition, investment firm litigation, Legal compliance, legal due diligence, legal risk management, M&A, M&A litigation, Mergers and Acquisitions, pre-purchase audits, regulated industries, securities laws
Lawsuit Over Auto Dealership Franchise Sale: A Closer Look
Explore a legal battle over an auto dealership franchise sale in Pennsylvania. Get insights into the M&A deal, GM’s actions, the court’s decision, and the importance of legal compliance. This case has implications for entrepreneurs, business owners, and lawyers. M&A…
Buyer Beware: Unforeseen Pension Liabilities in M&A Asset Deals
Dive into the complexities of M&A asset deals with our latest blog post, ‘Buyer Beware: Unforeseen Pension Liabilities.’ Explore the cautionary tale of a private equity group navigating the legal pitfalls of acquiring a Maui hotel and assets with unionized…
Posted in federal multiemployer pension plan withdrawal liability, successor liability Tagged with: actual knowledge, Asset Deals, Asset Valuation, Business owners, Business Regulations, business risks, business strategy, Business Transactions, Buyer's Awareness, Buyer's due diligence, Buyer's liability, Case Study, cautionary tale, CFOs, constructive knowledge, Contractual obligations, Corporate governance, Corporate Law, Court decision, Deal Success, due diligence, entrepreneurs, financial consequences, Financial Impact, Financial Repercussions, Industry specifics, legal battle, Legal compliance, legal insights, Legal lessons, legal pitfalls, Legal precedent, M&A, M&A Transactions, Maui Hotel Acquisition, merger and acquisition, Multiemployer Pension Plan, Ninth Circuit Court, Pension Liabilities, Private Equity, Purchase and Sale Agreement, Seller's obligations, Unfunded Pension Benefits, Union pension plan, Unionized Employees
Asset Buyer’s Liability under FMLA for Delay in Hiring Seller’s Employee Returning from Leave
Explore the legal intricacies of M&A transactions in our latest blog post. Delve into the liabilities asset buyers encounter under the Family and Medical Leave Act (FMLA) when integrating employees returning from leave. Gain insights from a recent case study…
Posted in Family and Medical Leave Act, post asset purchase issues Tagged with: Asset acquisition, asset purchase agreement, buyer liabilities, case law, Case Study, corporate laws, due diligence, employee integration, employee transitions, Employment law, Family and Medical Leave Act, FMLA liabilities, FMLA regulations, FMLA violations, Legal compliance, legal insights, legal responsibilities, M&A legal, managerial structure, Risk mitigation, succession planning, workforce management
Court Awards Buyer Damages for Seller’s Breach of Noncompetition Covenant in 3D Printing Industry
Explore the legal intricacies of M&A transactions with our latest blog post. Delve into the case of Barranco v. 3D Systems Corporation, where a breach of noncompetition agreement in the 3D printing industry led to significant court-awarded damages. Gain insights…
Posted in covenant not to compete Tagged with: 3D printing industry, additive manufacturing, Breach of contract, Business acquisitions, business law, business ownership, business sellers, Buyer Damages, Competitive Activities, contractual disputes, Contractual obligations, Court Case, Court ruling, entrepreneur advice, Legal compliance, Legal Disputes, legal implications, legal ramifications, M&A legal, Mergers and Acquisitions, noncompetition agreement, technology acquisition
The Legal Pitfalls of Sale-Leaseback Transactions in California
Delve into the intricate world of M&A legal intricacies with our latest blog post focusing on the legal pitfalls surrounding sale-leaseback transactions in California. Explore the complexities of California business law as we uncover the blurred lines between opportunity and…
Posted in sale leaseback Tagged with: Business Finance, Business Risk Management, California Business Law, Commercial Code Section 1203, Commercial transactions, Contractual Formalities, economic substance, Entrepreneurial Finance, Financial Insight, Financial Regulations, Financial Transparency, Judicial Interpretation, Legal Acumen, Legal compliance, Legal Guidance, legal pitfalls, Legal precedent, M&A legal, Sale-Leaseback Transactions, Usury Rate
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