News & Analysis as of

Private Equity Contract Disputes

Troutman Pepper Locke

Delaware Court of Chancery Allows Amendment of LLC Agreement to Permit Disparate Consideration Where Amendment Provisions Were...

Troutman Pepper Locke on

In Faiz Khan and Ralph Finger v. Warburg Pincus, LLC et al., the Delaware Court of Chancery held that the implied covenant of good faith and fair dealing was not applicable to a private equity sponsor’s amendment of a limited...more

Mayer Brown

Management Fees : précisions sur la preuve des prestations réalisées

Mayer Brown on

La Cour administrative d'appel de Nancy a rendu deux arrêts le 24 avril 2025 éclairant les indices nécessaires afin de prouver la réalité des prestations faisant l'objet d’une convention de management fees (CAA Nancy, 24...more

Morris James LLP

Chancery Rejects Attempt to Disguise Breach of Fiduciary Duty Claim Where LLC Agreement Waived All Traditional Fiduciary Duties

Morris James LLP on

Delaware permits the elimination of fiduciary duties in limited liability company agreements. Notwithstanding, and just like in any other contract, parties to a limited liability company agreement are still subject to the...more

Morris James LLP

Court of Chancery Endorses Default Pro-Sandbagging Stance in Representation and Warranty Litigation

Morris James LLP on

In the M&A context, the term “sandbagging” refers to one party asserting a claim based on a representation made in connection with the transaction despite knowing or having had reason to know pre-closing that the...more

Hendershot Cowart P.C.

Private Equity and the Corporate Practice of Medicine: What Texas Physicians Need to Know

Hendershot Cowart P.C. on

Private equity (PE) firms are increasingly investing in physician practices and the broader healthcare industry. While these arrangements can provide capital and operational expertise, they may also inadvertently violate...more

WilmerHale

BRG Annual M&A Disputes Report 2025

WilmerHale on

After moderate deal market gains in 2024, dealmakers are eager to leave the uncertainty of the last few years behind and enter a new chapter of mergers and acquisitions (M&A) activity. The conditions look right for further...more

Miles Mediation & Arbitration

Successful Mediation of Franchise Disputes: Factors That Influence the Outcome

Franchising as a legal relationship has embraced mediation as a pre-filing requirement to a lawsuit or arbitration in most franchise agreements. So, how has it gone? While we have roughly a 25-year history since the earliest...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: The Power of Merger Clauses

If you’ve ever been involved in negotiating a contract, whether for the provision of services or a $200 million energy transaction, you’ve likely seen a merger clause. They are typically universal in their use and, while the...more

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