News & Analysis as of

Operating Agreements Coronavirus/COVID-19

Jones Day

COVID-19 and Merger Litigation: Takeaways After Two Years

Jones Day on

Before the pandemic, it was generally accepted that establishing an MAE was very difficult—indeed, only one case in Delaware, 2018's Akorn v. Fresenius Kabi, had ever found that an MAE occurred. Following the pandemic, this...more

Goodwin

Buyer (or Seller) Beware: Who Bears the Risk with Hotel Operating Covenants in a Pandemic?

Goodwin on

Following a dramatic pause starting last spring, the hotel purchase and sale market has begun to show signs of a rebound. A significant challenge to these sales, however, is the remaining uncertainty around the COVID-19...more

Dechert LLP

Delaware Court of Chancery Issues Major Decision on COVID-Related Issues in M&A Deals, Allows Buyer to Terminate Agreement for...

Dechert LLP on

In a late night, 242-page decision, the Delaware Court of Chancery ruled that the buyer in a purchase and sale agreement was relieved of its obligation to close and could terminate the agreement as a result of the changes...more

Goodwin

Issues To Consider On The Path Forward For The Hospitality Industry

Goodwin on

It is hard to pick any event or series of events that has adversely impacted the hospitality industry as hard as the COVID-19 pandemic. While the summer witnessed increased RevPAR in the U.S. as compared to the depths of...more

Jaburg Wilk

Is There a Business Doctor in the House? Five Business Health Check Points

Jaburg Wilk on

People generally don't go into business because they are good at running businesses. Many people go into business because they are passionate about something and they want to share that passion with the world. Whether it's...more

King & Spalding

COVID-19’s Impact on Acquisition Agreements and M&A Deal Processes

King & Spalding on

When approaching a potential new M&A transaction in the face of the volatility and unpredictability created by COVID-19, dealmakers should consider a range of topics in order to determine how to best protect their interests...more

Akerman LLP

How to Protect Boards From COVID-19 Governance Risk

Akerman LLP on

Government committees, whistle blowers, the plaintiffs’ bar, activists, customers and special interest groups all appear to be readying to assail company boards, for failing the public trust. Originally Published inThe...more

Proskauer - Blockchain and the Law

Another Blockchain Supply Chain Shipping Consortium Files for Federal Antitrust Exemption

In late May, the Global Shipping Business Network (GSBN), a consortium of ocean carriers and terminal operators, filed a petition with the Federal Maritime Commission (FMC) to obtain an antitrust exemption under the U.S....more

Bowditch & Dewey

Succession Planning is Key to Business Continuity

Bowditch & Dewey on

The COVID-19 pandemic has created a wave of economic uncertainty. Many business owners are thinking about succession planning, but they often do not implement a strategy or take necessary steps until faced with an event that...more

Farrell Fritz, P.C.

WIll the Pandemic Be a Boon for Future LLC Dissolution Claimants?

Farrell Fritz, P.C. on

The ongoing coronavirus / COVID-19 pandemic has quite literally impacted everyone and everything in New York, including the courts, which were forced to temporarily cease non-essential functions. The result was a short-lived...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: Implications for the Sports & Entertainment Industry

Foley & Lardner LLP on

As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more

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