News & Analysis as of

Buyers Contract Formation

Bradley Arant Boult Cummings LLP

The American Rule Stands: Court Rejects Fee-Shifting Under Indemnity Clause

The “American Rule” on attorneys’ fees is that each party pays its own lawyers, even if you win. As with almost any rule, there are exceptions. Sometimes there is a statute that requires the losing party to pay the prevailing...more

Rosenberg Martin Greenberg LLP

I Submitted the Highest Bid at the Auction. Did I Buy the Property or Not?

Following the onset of the COVID-19 pandemic, many jurisdictions put moratoria in place prohibiting foreclosure sales. However, most moratoria have expired and foreclosure sales, conducted at public auction, are ramping up as...more

Goulston & Storrs PC

Separate Escrows for Purchase Price Adjustments

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Market Trends: What You Need to Know As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies: - The use of separate escrows for purchase price adjustments has been increasing on...more

Morgan Lewis

Real Estate Report

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The Real Estate Report, produced by our Real Estate lawyers, covers important commercial real estate trends and developments....more

White & Case LLP

2019 Half-year in review: M&A legal and market developments

White & Case LLP on

We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2019 and their impact on M&A transactions. This review looks at these...more

Ward and Smith, P.A.

Selling Your Business: It Starts Before the Sale

Ward and Smith, P.A. on

...The sale process doesn’t happen overnight, and there are many things before the sale that can greatly impact the sale. However, positioning your business in the best possible ways for sale has a wide range of meaning....more

White and Williams LLP

Delaware Court Enforces Strict Compliance With Notice Provisions

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The Delaware Chancery Court issued a recent opinion that provides a warning for parties to contracts: strictly follow the notice instructions set forth in the agreement or otherwise jeopardize contractual rights under the...more

Jones Day

Delaware Supreme Court Reverses Chancellor's Chicago Bridge Ruling - Authority of Independent Auditor to Resolve Purchase Price...

Jones Day on

In a much-anticipated decision, on June 27, 2017, the Supreme Court of Delaware reversed the Chancery Court's ruling in Chicago Bridge v. Westinghouse. The Delaware Supreme Court determined that an independent auditor...more

Foley & Lardner LLP

Don’t Be Inconspicuous: Disclaiming the Implied Warranty of Merchantability

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Some of the most important terms in any contract for the sale of goods are the warranties that apply to the goods. In addition to any express warranties made by the seller, the law implies certain warranties in some...more

Proskauer - Minding Your Business

NY Court of Appeals Clarifies What May Constitute a Binding Agreement in the Sale of Syndicated Loans

A unanimous New York Court of Appeals recently held that the acceptance of an auction bid for the sale of a syndicated loan may constitute a final and binding trade, even if there is language indicating that the agreement is...more

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