In AB Stable VIII LLC v. Maps Hotels and Resorts One LLC, the Delaware Court of Chancery issued a precedential decision addressing whether a buyer could walk away from an M&A transaction because the target company’s responses...more
In late 2019, COVID-19 (more commonly known as the coronavirus) began to spread throughout mainland China, and has since spread around the world, affecting numerous lives and businesses. As a result, companies spanning a wide...more
The Delaware Court of Chancery recently upheld a provision in a merger agreement that prevented the buyer from using privileged emails between the seller and its attorneys in post-closing litigation. The decision, in...more
6/13/2019
/ Acquisitions ,
Attorney-Client Privilege ,
Buyers ,
Corporate Counsel ,
Delaware General Corporation Law ,
Limited Liability Company (LLC) ,
Merger Agreements ,
Mergers ,
Privileged Communication ,
Sellers ,
Selling a Business
• In a rare move, the Delaware Court of Chancery affirmed a buyer’s contractual right to terminate a $4.75 billion merger based on a sudden and sustained decline in the seller’s business.
• The decision provides guidance to...more