News & Analysis as of

Purchase Agreement Coronavirus/COVID-19

Jackson Walker

What the IRS is Saying Lately about the Employee Retention Tax Credit

Jackson Walker on

The employee retention tax credit (“ERTC”) has garnered a lot of “buzz” lately – both from the IRS and businesses who have either received the credit or are seeking the credit. The buzz is well deserved, as the IRS has...more

Lewitt Hackman

Franchisee 101: Pandemic No Excuse for Non-Payment

Lewitt Hackman on

The Massachusetts Supreme Judicial Court granted summary judgment in favor of the seller of a janitorial service franchise based on claims by the buyers that the COVID-19 pandemic excused their obligation to pay the seller...more

Nutter McClennen & Fish LLP

M&A in Brief: Q2 2023

Chancery Court Provides Additional Guidance on Disclosure Requirements for Corwin Analysis - One of the most significant decisions of the Delaware Chancery Court in the last 15 years was the court’s ruling in Corwin v....more

Tarter Krinsky & Drogin LLP

Our Top 10 Alerts from 2022

As we start a new year, we would like to share with you some of our most popular legal alerts from 2022. Our top alerts reflect the broad array of our capabilities – ranging in topics from Amazon marketplace and online...more

King & Spalding

Buyers Beware - Delaware Chancery Court Orders CorePower to Honor Acquisition of Franchisee Studios

King & Spalding on

On March 1, 2022, Vice Chancellor Slights of the Delaware Chancery Court ordered CorePower Yoga (“CorePower”) to close the acquisition of 34 yoga studios from its largest franchisee, Level 4 Yoga (“Level 4”). The parties...more

White & Case LLP

Notable decisions from Delaware courts

White & Case LLP on

Williams: Court of Chancery Finds Poison Pill Unenforceable - In February, the Delaware Court of Chancery held that a shareholder rights plan (a "poison pill") adopted by The Williams Companies, Inc. at the onset of the...more

Gray Reed

First Delaware COVID-19 M&A Decision

Gray Reed on

In AB Stable VIII LLC v. Maps Hotel and Resorts One LLC et al., the Delaware Court of Chancery has published its first ruling regarding whether or not the effects of the COVID-19 pandemic constitute a material adverse effect...more

Morrison & Foerster LLP

Is 2021 the Year Of SPACs In Asia? What You Need To Know

Special Purpose Acquisition Companies (“SPACs”) played a critical role in U.S. capital market growth in 2020. There were 248 SPACs launched, raising an aggregate of $83 billion in proceeds. The beginning of 2021 witnessed an...more

McDermott Will & Emery

Lawsuits Don't Make Vaccines... and Other Lessons from AstraZeneca's Agreement with the EU Commission

Key Take-Away: To avoid ambiguity, parties drafting manufacture and supply agreements should explicitly set out the factors that they deem relevant in assessing a party’s efforts. The manufacturing party may wish to...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

Seyfarth Shaw LLP

2020 May Be Over, But Litigation Regarding The Pandemic And Private Party Rights Is Not

Seyfarth Shaw LLP on

As we enter the New Year, the end is not yet in sight for litigation related to COVID-19. Five recent decisions, summarized below, highlight the still developing legal implications of the pandemic on private party rights as...more

Latham & Watkins LLP

Delaware Court Nixes Deal Due to Seller’s Failure to Operate in “Ordinary Course” During COVID-19

Latham & Watkins LLP on

The decision leaves the door open for buyers to argue that inflexible ordinary course covenants can provide a basis to terminate a transaction in which a seller does not suffer an MAE. Key Points: ..The Delaware Court...more

Goulston & Storrs PC

Evolving Private Company M&A Considerations in the COVID-19 Era

Goulston & Storrs PC on

The virus that causes COVID-19 has ushered in unprecedented times for our country and our global community. Certainly, the pandemic is impacting the way M&A transactions are looked at, papered, implemented, and even priced....more

Bennett Jones LLP

Representation and Warranty Insurance 2020 Update

Bennett Jones LLP on

More and more buyers are using representation and warranty insurance (RWI) to supplement or replace indemnities from a seller in the sale of a business in Canada. While some of our clients, particularly private equity funds,...more

Goulston & Storrs PC

COVID And M&A Earnouts What’s Market?

Goulston & Storrs PC on

The COVID-19 virus has ushered in unprecedented and challenging times for our country and our global community.  From the deeply personal pain and suffering caused by the virus as a health pandemic to behavioral adjustments...more

Mintz - Bankruptcy & Restructuring Viewpoints

363 Sales as a Health Care M&A Tool, Part 1 – Overview

This two-part blog series discusses why buyers looking to make strategic purchases in the health care industry might want to take advantage of the Bankruptcy Code Section 363 sale process (363 Sale) and the pros and cons of...more

Barnea Jaffa Lande & Co.

Apartment Sale Delayed because of COVID-19? Home Upgraders Eligible for an Extension

Apartment owners experiencing difficulty selling their old apartments are entitled to a seven-month extension in which to sell, and the Israel Tax Authority will not count this period for tax purposes....more

Goulston & Storrs PC

Disclosure Schedule Updating for COVID-19 Effects

Goulston & Storrs PC on

The COVID-19 virus has ushered in unprecedented and challenging times for our country and our global community....more

Holland & Knight LLP

Government Agencies Work to Flatten the Curve by Taking Over Hotels

Holland & Knight LLP on

From the national travel ban to the shelter-in-place orders issued by many states and municipalities, the COVID-19 quarantine has had a major impact on the travel industry. While hotels struggle with low occupancy rates and...more

Hogan Lovells

Cooperation in the life sciences industry and EU competition law in the context of COVID-19

Hogan Lovells on

The life sciences industry is facing unprecedented demands due to COVID-19. From front line carers to researchers and scientists, significant efforts are being put towards caring for those suffering from COVID-19 and...more

BakerHostetler

Take Note of Cuomo's Suspension of Statute of Limitations

BakerHostetler on

M&A update – Sellers and buyers who have completed transactions within the past several years should take note of Gov. Andrew Cuomo’s Executive Order 202.8, tolling the statutes of limitations for all claims through April 19....more

Bass, Berry & Sims PLC

COVID-19 and Material Adverse Change: M&A and Financing Considerations

Bass, Berry & Sims PLC on

The novel coronavirus (COVID-19) has already proven to have profound social, political and economic effects on the world, impacting nearly every continent, community and business sector. With the growing uncertainty about...more

Whitman Legal Solutions, LLC

Coronavirus and Contract Force Majeure Provisions

Summer music festivals, “picnic at the pops,” live fireworks accompaniment, and other open-air performances keep musicians employed in warmer weather. This year, President Trump has declared a national emergency and limited...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: An Effective Supply Chain Response Plan

Foley & Lardner LLP on

...The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in six of the world’s seven continents, with more than 80,000 cases, sparing only Antarctica. Closer to home,...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide