Robert Burwell

Robert Burwell

Mintz Levin

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Making “Material Adverse Change” Mean What You Choose It to Mean — Neither More nor Less

A recent decision by the Court of Chancery of Delaware provides a reason to pause before agreeing to standard, boilerplate “material adverse change” clauses in purchase agreements. In Osram Sylvania, Inc. v. Townsend...more

4/11/2014 - Attorney's Fees Breach of Contract MACs Material Adverse Effects Purchase Agreement Stock Purchase Agreement

When a Non-binding Term Sheet Becomes Binding

Tire-kickers, prevaricators and those who might otherwise agree on a term sheet with little intention of closing the deal beware: A “non-binding” term sheet is sometimes binding....more

7/9/2013 - Binding Corporate Rules Compliance Expectation Damages Good Faith Letter of Intent License Agreements Mergers Negotiations Term Sheets

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