A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets.
This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength.
Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations.
Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
Currents, the newsletter of the Corporate Counsel Section of the State Bar of Texas, featured an article titled "Strategic Leverage: Utilizing State Law in M&A Sandbagging Negotiations,"
within Consumer Protection, Insolvency/Bankruptcy/Re-Structuring and Insurance topic(s)
Currents, the newsletter of the Corporate Counsel
Section of the State Bar of Texas, featured an article titled
"Strategic Leverage: Utilizing State Law in M&A
Sandbagging Negotiations," authored by partners Sarah McLean
(Austin-Mergers & Acquisitions), Todd Lowther (Houston-Tax) and
associate Cassandra Cuellar (Austin-Emerging Growth). The article
appeared in Currents' Winter 2020 issue.
The article explores the current state law on sandbagging in
Delaware, Texas, New York, California, Colorado, New Mexico, North
Dakota, Ohio and Pennsylvania, key jurisdictions in both the energy
and technology sectors. By understanding the default state law
position on sandbagging, practitioners can strategically use
negotiating leverage in discussions on whether to include
pro-sandbagging clauses, anti-sandbagging clauses or to remain
silent.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.