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Business Opportunities › Fiduciary Duty

Ballard Spahr LLP

The Art of the (Bad) Deal – An Overview of Certain Considerations in Distressed M&A Transactions

Ballard Spahr LLP on

Distressed companies can be attractive acquisition targets, as their values often reflect the difficulties they face. It is not hard to imagine that the circumstances surrounding COVID-19 will lead to 1. an unprecedented wave...more

Orrick, Herrington & Sutcliffe LLP

Acquiring a Distressed Private Technology Company – A Roadmap

Orrick, Herrington & Sutcliffe LLP on

After years of sky-high valuations, private equity funds and strategics will have ample opportunity to buy technology companies at a discount in the wake of the COVID-19 crisis. This article highlights the unique...more

Butler Snow LLP

Tennessee Adopts New Test for Corporate Opportunity Claims

Butler Snow LLP on

For decades, Tennessee courts have utilized conflicting tests for analyzing the corporate opportunity doctrine. Recently, however, the Tennessee Court of Appeals addressed this inconsistency by determining that the Delaware...more

Winstead PC

Magistrate Recommends Refusing A Request For A Preliminary Injunction Based On A Breach Of Fiduciary Duty Claim Arising From An...

Winstead PC on

In BCOWW Holdings, LLC v. Collins, plaintiffs sued a former member and his new company asserting breach of fiduciary duty and numerous other claims based in part on the defendants allegedly usurping a corporate opportunity....more

Gray Reed

A Corporate Opportunity? … Stolen?

Gray Reed on

If you want to get to the meaning of a case, one exercise is to put yourself in the shoes of one participant or the other and see how you react to the events. (This also works well with Bible stories, by the way.) Last week...more

Gray Reed

What is a Corporate Opportunity?

Gray Reed on

Let’s say two fellows are in the oil business and one of his activities is as a director of an exploration company. A deal comes in, they present it to the company, but take it for themselves, Did they steal the opportunity...more

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