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Risk Mitigation Buyers

Jones Day

Third Circuit: Unsecured Claim for Royalties from Intellectual Property Purchased by Debtor Discharged Under Chapter 11 Plan

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Mitigating risk of loss associated with a bankruptcy filing should be an element of any commercial transaction, especially if it involves a sale or license of intellectual property rights. A ruling recently handed down by the...more

Quarles & Brady LLP

Supply Chain Survival Series: Mitigation (Article #13)

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In our previous article in the Supply Chain Survival Series, we discussed what constitutes a breach of contract and whether a breach allows you to suspend performance until the breach is cured. Assuming that a contract has...more

Robins Kaplan LLP

Sellers of a Business: Know Thyself.

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So, you have decided to sell your business. Often this process starts with an inward reflection. You may have identified a good reason to sell, but many questions remain. Sellers at this early point often look to hire a...more

Buckingham, Doolittle & Burroughs, LLC

Deal prep: Tips for selling a business in an evolving M&A environment

The U.S. is coming off of two years of historically low interest rates and a tremendous amount of liquidity, factors that created a very strong sellers’ market in 2021 and 2022.This year, while there is still a lot of dry...more

DarrowEverett LLP

How Earnout Provisions Can Supply Great Value for Buyers, Sellers

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Earnout provisions can be an effective tool for addressing the potential disconnect between a seller’s expectations and a buyer’s ability to pay when negotiating a business combination transaction. Earnout provisions, or...more

PilieroMazza PLLC

FCA Implications for M&A Transactions

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In mergers and acquisitions, the False Claims Act is an important consideration that both buyers and sellers need to address, particularly if the target company is the focus of an FCA investigation. It’s also important for...more

PilieroMazza PLLC

[Webinar] FCA Implications for M&A Transactions - July 26th, 2:00 pm - 3:00 pm EDT

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In mergers and acquisitions, the False Claims Act is an important consideration that both buyers and sellers need to address, particularly if the target company is the focus of an FCA investigation. It’s also important for...more

PilieroMazza PLLC

[Webinar] FCA Implications for M&A Transactions - June 29th, 2:00 pm - 3:00 pm ET

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In mergers and acquisitions, the False Claims Act is an important consideration that both buyers and sellers need to address, particularly if the target company is the focus of an FCA investigation. It’s also important for...more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

PilieroMazza PLLC

[Webinar] IN IT TO WIN IT Webinar - Smart Growth in the Federal Market: How to Thrive in the Mid-Tier or Stay Small - December...

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Join us for the second webinar in the 'In It To Win It' series. A collection of educational webinars to help you build a better business development process. This webinar will address growth strategies for small businesses...more

PilieroMazza PLLC

Exiting From the Valley of the Shadow of Death: Successful Growth Strategies for Small Businesses...

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It is well known to nearly all small business federal contractors (including SDVOSB, 8(a), HUBZone, WOSB) that exceeding your size standard can be a death knell. Companies that exceed their size standards are unable to bid...more

Fenwick & West LLP

Strategies to Accelerate Divestitures: A Road Map to Streamlining the Process While Reducing Risk

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Divestment activity is poised to increase over previous years as COVID-19 economic conditions put pressure on companies to rebalance operating portfolios. A 2020 EY Global Corporate Divestment Study, released earlier this...more

Greenberg Glusker LLP

Lessons for Health, Beauty & Wellness Companies [Part 3]: When to Consider Acquiring a Distressed Company

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In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part three...more

PilieroMazza PLLC

[Webinar] Exiting From the Valley of the Shadow of Death: Successful Growth Strategies for Small Businesses Moving to the Mid-Tier...

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It is well known to nearly all small business federal contractors (including SDVOSB, 8(a), HUBZone, WOSB) that exceeding your size standard can be a death knell. Companies that exceed their size standards are unable to bid...more

Greenberg Glusker LLP

To Ship or Not to Ship: 3 FAQ’s for Creditors Seeking Guidance Before or During a Retail Bankruptcy

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COVID-19 has impacted an already shaky retail industry and pushed some of its participants into a rapid-fire series of bankruptcy filings. Although there was already a long list of prominent retail bankruptcies over the past...more

Hudson Cook, LLP

Be Careful with Sales Made at a Customer's Home

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Let's say you want to drive the vehicle a customer is interested in buying to that person's home, let the customer see and test-drive the car, negotiate the price of the car, present and offer F&I products, and then have the...more

Benesch

Supply Chain Services Contracts: Mitigating Global Operational Risk

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For today's global enterprises, smart management of third-party supply chain providers can help ensure efficient and error-free movement of goods. This article explores key contract strategies and operational risk mitigation...more

Williams Mullen

[Webinar] The Intersection of Rep & Warranty Insurance and Delayed Closings - December 10th, 11:00 am ET

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Join Williams Mullen Partners Jon Bliley and Hal Johnson as they discuss the issues that may arise should you face a transaction with a delayed closing where a rep and warranty policy is the buyer’s sole source of...more

Bass, Berry & Sims PLC

How Do Mergers & Acquisitions Impact Pending Bids?

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Given the continued high volume of mergers and acquisitions (M&A) transactions in the federal marketplace, buyers and sellers need to be aware of the developing body of case law at Government Accountability Office (GAO) and...more

McDermott Will & Emery

Tips for Conducting Effective Due Diligence in an Auction Process

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In today’s highly competitive healthcare environment, investors may find themselves in an auction process where they must conduct due diligence pre-exclusivity. With limited time and mounting pressure, it can be difficult to...more

Allen Matkins

Five Strategies to Increase Buyer Leverage in Sign-and-Go-Hard Transactions

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Sign-and-go-hard transactions have become the new normal in the feverish real estate market of recent years. While standard purchase agreements typically contain a diligence period during which the buyer may terminate the...more

Dechert LLP

Global Private Equity Newsletter - Winter 2019 Edition: U.S. Carve-Out Transactions: A Fertile Ground for Private Equity Firms

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Driven by the influence of shareholders, activists and competitive market forces, public companies are demonstrating renewed focus on their core businesses. Reductions in the U.S. corporate tax rate from 35% to 21% have...more

Hutchison PLLC

Getting Counsel to Draft #MeToo Reps and a “Weinstein Clause” into Your Offer Terms

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Contemplating a merger? Making an acquisition? Doing a deal with another company can be challenging enough, without having to take on legal liability for the behavior of a company’s leadership, particularly where success of...more

Orrick, Herrington & Sutcliffe LLP

Diligence Deferred Is A Transfer Denied

The Delaware Bankruptcy Court recently voided the transfer of bankruptcy claims where the seller failed to obtain the debtor’s prior written consent, as required by the underlying promissory notes. Both the promissory...more

Dechert LLP

Global Private Equity Newsletter - Fall 2017 Edition: The Dangers of Undefined Fraud Carve-Outs and “Inelegant Drafting”

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Crucial to any private equity seller is certainty: the certainty that a sale will be consummated at an agreed price and that any potential post-closing liability is fully understood in advance of distributing proceeds to...more

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