When considering whether to acquire a business through an asset sale, it is important for the purchaser to analyze what, if any, of the seller’s liabilities it must assume to continue the seller’s operations. Prudent...more
If the 2008 recession gives us the ability to predict anything about upcoming trends in commercial litigation, it is that healthy companies, which normally would not be targeted as defendants, will be sued because the primary...more
A great deal has been written about the M&A wars, including our prior alerts regarding the issues that arise when a buyer attempts to terminate a deal as a result of a seller material adverse effect (MAE) or the inability of...more
6/5/2020
/ Breach of Contract ,
CARES Act ,
Coronavirus/COVID-19 ,
Earn-Outs ,
Fiduciary ,
Force Majeure Clause ,
Loan Forgiveness ,
Mergers ,
Paycheck Protection Program (PPP) ,
Publicly-Traded Companies ,
Purchase Price Adjustment ,
Sandbagging ,
Sellers