Two recent Delaware Superior Court opinions are essential reading for M&A practitioners drafting language with respect to how disputes related to purchase price adjustments, earnouts, and other accounting-related...more
In Sara & Hossein Asset Holdings Limited v. Blacks Outdoor Retail Limited, the UK Supreme Court confirmed that the term “manifest error” should be construed narrowly. The case concerns a “conclusive certification” clause in...more
When negotiating transaction documents, dispute resolution provisions will often receive less attention than they should. Even when these provisions are negotiated, parties’ concerns are often limited to how any future...more