Buyers

AB 32 Update: Summary of the Basics of Transacting in Offsets Under AB 32

by Jamon Bollock, Jennifer Smokelin | Reed Smith on 5/24/2013

This Client Alert serves as an executive summary for a supplementary white paper, The Basics of Transacting in Offsets under AB 32, and will assist clients in addressing offset transaction risks. The white paper offers an...more

Keys To A Successful Luxury Real Estate Transaction: Part II

by Schecter Law on 5/21/2013

After luxury real estate attorneys have reviewed the contract, a checklist of items required for the sale can help prepare for closing....more

Buyers Beware When Purchasing a Home

by Lianne J. Armstrong | Lerners LLP on 5/10/2013

When purchasing a home, the purchaser should be aware that the doctrine of “Caveat Emptor” or “let the buyer beware” generally applies to the sale of a property. The purchaser has an obligation to inspect the property and to...more

Buyer Beware of Successor Liability For FLSA Claims

by Donna Ray Berkelhammer | Sands Anderson PC on 4/23/2013

Businesses often acquire other businesses through an asset purchase, rather than a stock purchase, so that the buyer does not inherit the liabilities of the seller. Not all business owners realize that federal labor law...more

Real Estate Law Alert - Court Dismisses "Buyer's Remorse" Claim and Awards Developer $577,000 in Attorneys' Fees

by Matthew Zangwill | Ruskin Moscou Faltischek on 4/23/2013

Back in Autumn, 2010, we wrote that purchasers of condominium units in the New York metropolitan area were invoking the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§1701-20 (ILSA), to cancel their agreements to...more

Emptores Caveant! Buyer Liability In Securities Offerings

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 4/18/2013

Much of the focus of securities litigation is on the liability of sellers, but what about buyers? Can buyers prevaricate with impunity?...more

Holder Rule Allows Motor Home Buyer To Assert All Claims Against Assignee Of Loan That He Otherwise Had Against Motor Home Dealer

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 4/17/2013

A motor home buyer who entered into an installment sale contract with a motor home dealer alleged the motor home was defective from the time of purchase and brought a lawsuit against the dealer and the lender to which the...more

Legal Fallout From CRE Bust Continues

by Mitchell Widom | Bilzin Sumberg Mortgage Repurchase Group on 4/17/2013

While recovery is well underway, some commercial real estate industry players are still feeling the recession’s after-shocks through litigation in the courtroom. A recent representative high-profile case is Lennar...more

Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593

by Philip Rymer, Charles Weller, Robert Wilkins, Michael Wood | Reed Smith on 4/11/2013

An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do...more

“Cheeky” Maryland Rule, Requiring Mutuality In Arbitration Agreements, Not Preempted Under Concepcion

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/28/2013

In most cases, if this blog mentions Concepcion, it means that a court has found a state statute or line of decisions is preempted by the FAA. A Maryland rule, however, recently ran the Concepcion gauntlet and survived. See...more

Converting Reputation Into Serious Money

by Michael Lasky | Burr & Forman on 2/28/2013

In my previous blog post, I argued that reputation, if converted into brands/trademarks, can be the most valuable asset for a company. While all companies claim to have “brand”, typically the company’s name but it is mostly...more

Antimonopoly Law Considerations and Risk Management in connection with M&A Transactions

by L. Mark Weeks | Orrick, Herrington & Sutcliffe LLP on 2/24/2013

In This Presentation: - General Indemnity: (1) Background and structure (2) Main provisions (3) Conduct of claims - Antitrust Indemnity: (1) Background (2) Main provisions (3) Conduct of...more

Caveat Emptor: Emerging Issues for Buyers of Bankruptcy Claims

by Quinn Emanuel Urquhart & Sullivan, LLP on 2/22/2013

In a large Chapter 11 bankruptcy case, claims against the debtor are actively traded in the secondary markets. A debtor’s original creditors may lack the liquidity to wait for uncertain payment at the end of the bankruptcy...more

What Buyers Really Buy

by Michael Lasky | Burr & Forman on 2/21/2013

In my last blog post, I discussed the importance of making your company attractive to buyers because the need/desire to exit can arise quickly and without warning. In order to make your company attractive to buyers, you must...more

The Top Ten Points to Watch For In Commercial Real Estate Contracts – Point #2

by David R Brittain | Trenam Kemker on 2/6/2013

When Do We Close? - In today’s post we turn to Question #2 – “When do we close?.” “Closing” is the focal point of any commercial transaction, with good reason. It’s the date that the purchase price is paid to the...more

Buyer Beware: Reduced Indemnity On Account Of Supposed (Mythical?) Tax Benefits.

by E. Hans Lundsten | Adler Pollock & Sheehan P.C. on 2/5/2013

Originally published in Deal Points: The Newsletter of the Mergers and Acquisitions Committee - American Bar Association - Winter 2013. When the seller of a business or the assets of a business is negotiating the scope...more

Introduction to Condominiums

by Matthew J. Wilson | Lerners LLP on 2/1/2013

Condominiums have become increasingly popular in recent years among all age groups, including younger first time buyers and empty nesters. A condominium is actually a legal definition that refers to a method of ownership, not...more

Caveat Consignor

by Sheppard Mullin Richter & Hampton LLP on 1/21/2013

Auction houses typically do not disclose the identity of the seller on their sales contracts. A recent New York trial court decision may drastically change that longstanding practice. The auction trade is supply-driven....more

How Tobin Tax and certain regulatory duties affect Block Trades in Italy

by Iacopo Canino, Ferigo Foscari, Michael Immordino, Alessandro Seganfreddo | White & Case LLP on 1/17/2013

Italian Law No. 228 dated December 24, 2012, which approved the 2013 budget, contemplates, among others, a new tax applicable to certain financial transactions (the “Tobin Tax”). The Tobin Tax will apply to transactions,...more

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