Amy Comer

Amy Comer

Morgan Lewis

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Latest Publications


The English Court’s Approach to interpretation of Material Adverse Effect provisions

The English High Court recently considered whether a downward revision of a profit forecast would constitute a “material adverse effect” within the parameters of the provision agreed on by the parties in the share purchase...more

10/8/2015 - Buyers Contract Drafting Damages Material Adverse Effects Material Misrepresentation Sellers Share Purchase Agreements UK Warranties

English Court Finds Shareholder Default Provisions Unenforceable as a Penalty

Decision serves as a reminder that careful consideration should be given to provisions dealing with the consequences of breaches of restrictive covenants and other terms of commercial agreements....more

12/12/2013 - Breach of Contract Contract Drafting Penalties Restrictive Covenants Shareholders UK Void and Unenforceable

UK High Court Revisits Issue of Where a Contract Is Formed

Court confirms that, in certain circumstances, a contract can be made in two jurisdictions. On 7 October 2013, in Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc, [2013] EWHC 2968 (Ch), the High Court of...more

11/7/2013 - Choice-of-Law Contract Drafting Contract Formation Corporate Counsel EU Jurisdiction Non-Disclosure Agreement UK

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