A recent decision by the Superior Court of the State of Delaware highlights a risk of potential exposure to liability for individuals affiliated with private equity firms who are presumed to be covered by a directors’ and...more
7/11/2019
/ Acquisition Finance ,
Board of Directors ,
Breach of Duty ,
But For Causation ,
Capacity Allocation ,
Capital Structures ,
Contract Terms ,
Corporate Executives ,
Corporate Restructuring ,
D&O Insurance ,
Debt ,
Denial of Insurance Coverage ,
Directors ,
Duty of Loyalty ,
Fiduciary Duty ,
Policy Exclusions ,
Popular ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Repurchases ,
Risk Assessment ,
Risk Mitigation ,
Self-Dealing ,
Wrongful Acts
The question of when parties to a potential transaction actually become bound to each other is obviously an important one, and sometimes the answer can be surprising, or less than entirely clear. A recent Texas Court of...more
4/5/2018
/ Acquisition Finance ,
Acquisitions ,
Appeals ,
Bids ,
Borrowers ,
Breach of Contract ,
Confidentiality Agreements ,
Contract Formation ,
Contract Negotiations ,
Contract Terms ,
Dismissals ,
Email ,
Ground Leases ,
Lenders ,
Meeting of the Minds ,
Oil & Gas ,
Reversal ,
Reversible Error ,
Sellers
A delicate balance has evolved over time in leveraged acquisitions with respect to the nature of the contractual relationship between a target and its owners, on the one hand, and the debt financing sources of the buyer, on...more
10/5/2017
/ Acquisition Finance ,
Appeals ,
Bonds ,
Breach of Contract ,
Buyers ,
Competitive Bidding ,
Contract Drafting ,
Contract Terms ,
Credit Agreements ,
Debt Financing ,
False Statements ,
Lenders ,
Leveraged Buyout ,
Negligent Misrepresentation ,
Private Equity ,
Refinancing ,
Reversal ,
Sellers ,
TX Supreme Court