Searching Content indexed under M&A/Private Equity by Grant Esposito ordered by Published Date Descending.
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Delaware Supreme Court Upholds Lower Court's Material Adverse Effect Finding
As discussed in a prior client alert, on October 1, 2018, the Delaware Court of Chancery upheld a buyer's termination of a merger agreement and found that the target had suffered a material adverse
United States
13 Dec 2018
Delaware Court Of Chancery Finds A Material Adverse Event And Excuses Buyer From Obligation To Close In Akorn V. Fresenius Kabi AG
The frequently cited axiom of M&A litigation that no Delaware court has ever found a material adverse event (MAE) is no longer true. On October 1, 2018, the Court of Chancery (Laster, VC)...
United States
11 Oct 2018
New York Court Of Appeals Rejects More General Application Of Common-Interest Privilege In M&A Settings
New York's highest court has rejected an attempt to expand the state's common-interest doctrine, and reinstated the New York rule that the doctrine only applies in the context of actual or threatened litigation.
United States
30 Jun 2016
New York Appellate Division Eliminates "Pending Or Reasonably Anticipated Litigation" Requirement For Common-Interest Privilege
On December 4, 2014, the New York Appellate Division, First Department, removed previous restrictions on New York’s common-interest doctrine when applied to the exchange of privileged information in mergers and acquisitions.
United States
17 Dec 2014
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