Representations and Warranties, Contract Drafting, Mergers

Managing Litigation Risk During the Business Lifecycle, Part 2: Business Acquisition and Post-Closing Disputes

PilieroMazza PLLC on 4/25/2025

There’s a tongue-in-cheek joke within the legal industry that transactional lawyers create the problems, and the litigators get paid to clean them up. It’s a cautionary reminder to transactional lawyers: if the dealmaking...more

M&A Transactions: Drafting AI Representations and Warranties for Non-AI Companies

Sheppard Mullin Richter & Hampton LLP on 5/10/2024

Is your M&A target a manufacturing company with automated production, a consumer products business with online sales and marketing or an education company that creates content for students? The increasing use and development...more

Getting Counsel to Draft #MeToo Reps and a “Weinstein Clause” into Your Offer Terms

Hutchison PLLC on 2/5/2019

Contemplating a merger? Making an acquisition? Doing a deal with another company can be challenging enough, without having to take on legal liability for the behavior of a company’s leadership, particularly where success of...more

Analyzing Akorn: Delaware’s First M&A Termination Under Material Adverse Effect

Skadden, Arps, Slate, Meagher & Flom LLP on 10/22/2018

On October 1, 2018, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued a 246-page post-trial opinion in Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL, that denied the seller’s (Akorn) request...more

Confidentiality Agreements: How To Draft Them And What They Restrict

Jackson Walker on 10/14/2013

I. Confidentiality Agreements And Their Effects Are Evolving - A confidentiality agreement (also sometimes called a non-disclosure agreement or “NDA”) is typically the first stage for the due diligence process in a...more

Representations and Warranties › Contract Drafting › Mergers

Managing Litigation Risk During the Business Lifecycle, Part 2: Business Acquisition and Post-Closing Disputes

M&A Transactions: Drafting AI Representations and Warranties for Non-AI Companies

Getting Counsel to Draft #MeToo Reps and a “Weinstein Clause” into Your Offer Terms

Analyzing Akorn: Delaware’s First M&A Termination Under Material Adverse Effect

Confidentiality Agreements: How To Draft Them And What They Restrict

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