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

Posted in Problem with products Tagged with: , , , , , , , , ,

Lessons in Due Diligence for Directors and Officers: Avoiding Pitfalls in M&A

Explore a case study involving a furniture company’s M&A journey and learn valuable lessons in due diligence for directors and officers. Discover the importance of thorough research and risk mitigation in the world of mergers and acquisitions. M&A StoriesĀ  September

Posted in director and officer duty of care Tagged with: , , , , , , , , , , , , , , ,

Navigating Indemnification Caps in M&A Deals

Explore the intricacies of indemnification caps in M&A deals and learn from a recent case dispute over their interpretation. Gain insights into risk mitigation strategies for buyers and sellers in the world of mergers and acquisitions. M&A Stories May 20,

Posted in indemnification cap, percentage of purchase price Tagged with: , , , , , , , , , ,

The Tale of Lost Stock Options: Lessons from a Healthcare Business Sale

Explore the cautionary tale of a Tampa-based healthcare outsourcing company and the legal repercussions faced by its COO as his stock options became worthless after a controlling interest acquisition. Learn valuable lessons in proactive negotiation and safeguarding stock options in

Posted in anti-destruction clause, implied covenant of good faith and fair dealing, stock purchase agreement, target's stock options Tagged with: , , , , , , , , , , , , , , ,

Court Upholds Product Liability Carrier’s Right to Sue Seller for Indemnification in Asset Purchase Agreement Dispute

Explore the legal intricacies of M&A in our latest blog post as we dissect a riveting case, “Liberty Mutual Fire Insurance Company v. BRG Sports, Inc.” Uncover the aftermath of an undisclosed design flaw in an asset purchase agreement that

Posted in asset seller's liabilities, compliance with all applicable laws, excluded liabilities, representations and warranties 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

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

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: , , , , , , , , , , , , , , , , , , , , ,

Buyer Breach of Required Insurance Provision in Acquisition Documents Result in Punitive Damages

Dive into a cautionary M&A tale emphasizing the significance of contractual compliance. Explore a legal case where a buyer’s breach of insurance provision in acquisition documents led to punitive damages. Learn valuable lessons on the importance of adhering to contractual

Posted in insurance requirements, punitive damages Tagged with: , , , , , , , , , , , , , , , , , , , ,

Avoiding Pitfalls: Securing Buyer’s Payments in M&A Transactions

Explore the complexities of M&A transactions through a cautionary tale highlighted in a recent Ohio court case. Dive into the legal quagmire faced by a seller due to a buyer’s failure to honor post-closing payment commitments. Learn how meticulous planning

Posted in securing buyer's note Tagged with: , , , , , , , , , , , , , , , , , , , , , , , ,

Understanding Asset Buyer Liability for Defective Products in M&A

Unlock the complexities of M&A asset acquisitions with insights into liability for defective products. Explore legal precedents, such as the product-line exception, and learn how to navigate post-closing liabilities effectively. Dive into case studies, due diligence strategies, and industry insights

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

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