Blog Archives

Pennsylvania’s Broad Approach to Successor Liability in De Facto Mergers

Explore Pennsylvania’s broad approach to successor liability in asset sales, with a focus on the de facto merger doctrine. This case study on a Pennsylvania waste management acquisition sheds light on how the state’s courts interpret continuity of ownership, even

Posted in anti-destruction clause, continuity of ownership, customer list, de facto merger exception, fee based upon buyer debt assumption, implied covenant of good faith and fair dealing, no oral modifications of contract, overly complicated language in contract, success fee, successor liability, target's stock options, trade secret misappropriation, waiver of contractual provision Tagged with: , , , , , , , , , , , , , , , , , , , ,

Texas Upholds Asset Acquisition Formality: Successor Liability Limited to Assumed Seller Liabilities

Explore the intricacies of M&A legal topics with our latest blog post, “Texas Upholds Asset Acquisition Formality: Successor Liability Limited to Assumed Seller Liabilities.” This piece delves into the unique legal landscape of Texas, contrasting its strict adherence to the

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

Court Examines New York’s Successor Liability Doctrines De Facto Merger vs. Mere Continuation

Dive into the complexities of New York’s successor liability doctrines in our latest M&A blog post. This in-depth analysis examines the recent case of Avamer 57 Fee LLC v. Hunter Boot USA LLC, where the court navigated the nuances of

Posted in de facto merger exception, mere continuation, problems with successor liability Tagged with: , , , , , , , , , , , , , , , , , , ,

M&A Asset Buyer Enforces Acquired Seller Employment Agreement’s Arbitration Provision

Discover the intricacies of enforcing arbitration provisions in employment agreements post-acquisition in this detailed M&A legal blog. Delve into a real-world case where a major chipmaker’s asset acquisition led to a legal battle over age discrimination and disability law violations.

Posted in arbitration in employment agreements, problems with employees Tagged with: , , , , , , , , , , , , , , , , , , ,

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

Posted in Problem with Union Pensions Tagged with: , , , , , , , , , , , , , , , , , , ,

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: , , , , , , , , ,

M&A Asset Buyer’s Liability for Unpaid Invoices: A Legal Case Analysis

Explore the complexities of asset buyer liability in M&A transactions through a legal case analysis. Delve into successor liability and its application in a recent court decision. M&A Stories October 19, 2023 Introduction: In the world of mergers and acquisitions

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

Mitigating Successor Liability Risks in Asset Acquisitions Involving Equity

Explore the key considerations and risks associated with acquiring assets in M&A deals involving buyer equity. Learn how successor liability risks can be effectively mitigated, with insights from the Credit Card Services, Inc v. Joe Teh Chuang case. M&A Stories

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

BUYER’S SUCCESSOR LIABILITY IN NEW JERSEY FOR HISTORICAL CONTAMINATION

Learn about buyer’s successor liability for historical contamination in New Jersey when acquiring manufacturing businesses. M&A Stories August 1, 2023 Introduction: When a buyer acquires a manufacturing business, they may unknowingly inherit certain liabilities from the seller. This blog discusses

Posted in environmental problems Tagged with: , , , , , , , , , , ,

BUYER FACES $279K CLAIM FROM SELLER’S UNION IN ASSET PURCHASE OF CONCRETE MANUFACTURER

The buyer knew about the seller’s union debt before closing. The fight is over whether the concrete manufacturing business of the buyer after the closing was substantially the same as the seller’s concrete manufacturing business. M&A Stories January 17, 2023

Posted in Problem with Union Pensions Tagged with: , , , , , , , , ,

Recent Comments

Categories