Blog Archives

Navigating Due Diligence Risks in M&A: Lessons from Competitor Acquisitions

Explore the complexities of M&A due diligence in competitor acquisitions with our latest blog post. Discover lessons learned from real-world cases, such as the challenges faced by a prominent manufacturer in its acquisition journey. Gain insights into navigating legal risks

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M&A and Union Employees: A Risky Proposition for Asset Buyers

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

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HOW A REPRESENTATION & WARRANTY HELPED BUYER RECOVER DAMAGES IN A MANUFACTURING BUSINESS DEAL

Seller representation and warranty helped buyer recover loss for problems with product documentation   M&A Stories September 2, 2021 Introduction: When buying a business, representations and warranties in the purchase agreement are tailored to suit the specific type of business

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SECURITIES FRAUD LAWSUIT: BIOPHARMACEUTICAL FOUNDER ACCUSED OF MISLEADING INVESTORS

Read about a recent securities fraud lawsuit where a biopharmaceutical founder is accused of intentionally misleading investors about the profitability of their flagship pain product. Learn about the legal risks involved in selling stock and the importance of honesty in

Posted in federal securities fraud, scienter, stock purchase agreement, tying fraud to economic loss Tagged with: , , , , , , , , , , , , , , ,

Enforcing an Oral Side Deal in M&A: A Case Study

Explore a real-world case study of the legal complexities surrounding oral side deals in mergers and acquisitions (M&A). Learn about the risks, challenges, and key legal points from a business seller’s perspective. August 12, 2020 Introduction: In mergers and acquisitions,

Posted in 351 M&A transactions, boot, handshake redemption obligation, integration clause, nonqualified preferred stock, parol evidence rule Tagged with: , , , , , , , , , , ,

Business Buyer’s Suit Against Seller is Hampered by Missing Due Diligence Binder

Learn about a crucial M&A case involving a buyer’s lawsuit against a seller due to missing due diligence binder. Explore the legal implications and lessons from Cardinal v. Lupo. October 29, 2019 Introduction: Purchasing a company involves legal risks, and

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Asset Buyer’s Risk in Unassumed Seller Contracts: A Cautionary Tale

Explore the potential risks faced by asset buyers when dealing with unassumed seller contracts in the world of mergers and acquisitions. Learn from a cautionary tale involving a buyer, a seller, and a critical contract dispute. M&A Stories May 28,

Posted in asset purchase agreement, assignment of contracts, assumed liabilities, assumption of a contract, consent to assignment, due diligence Tagged with: , , , , , , , , , , , , , , , , , , , ,

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

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Buyer Beware: Understanding Liability for Asbestos Claims in Asset Purchases

Dive into the intricate world of M&A legalities with our latest blog post. Explore the strategic advantages and potential pitfalls of asset purchases versus stock acquisitions, as we unravel the complexities of liability, particularly in jurisdictions like Georgia. Discover how

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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

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