News & Analysis as of

EBITDA Appeals

A&O Shearman

Forecast fiasco: The wrong comparator?

A&O Shearman on

The Court of Appeal has looked at a warranty that there had been no material change in the prospects of a target. It also looked at the notice given for breach of warranty and found it wanting....more

Cooley LLP

Reflective Loss Principle: Sufficiently Settled for Summary Determination

Cooley LLP on

In its judgment in Burnford & Others v Automobile Association Developments Ltd, the Court of Appeal has provided a useful summary of the current status of the ‘reflective loss’ principle – the rule that shareholders cannot...more

Pillsbury Winthrop Shaw Pittman LLP

The Need to Be Deliberate about Fraud Carve-Outs

Express Scripts: Delaware Supreme Court holds that an otherwise undefined “deliberate fraud” carve-out to an indemnification provision is limited to intentional fraud and does not include recklessness. Specific provisions...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Proskauer Rose LLP

UK Tax Round Up - August 2017

Proskauer Rose LLP on

UK Tax News and Developments - Latest on the Finance (No 2) Bill 2017 - On 20 July 2017 the government announced in Hansard that the House of Commons will, on Wednesday 6 September 2017, be asked to approve the Ways and Means...more

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