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Results: 1-10 of 140

Illinois Circuit Court reinforces on financial advisors’ liability under fairness opinions
  • McDermott Will & Emery
  • USA
  • February 28 2009

Three recent decisions, taken together, offer valuable guidance to financial advisors for avoiding liability when issuing financial opinions


American Airlines, US Airways merger faces additional challenges
  • McDermott Will & Emery
  • USA
  • July 8 2013

Last week, the proposed merger of American Airlines and US Airways faced additional scrutiny when nineteen states joined the U.S. Department of


Private equity firms face potential liability under plant closing laws
  • McDermott Will & Emery
  • USA
  • April 9 2014

View the full issue (PDF) IN THIS ISSUE Private Equity Firms Face Potential Liability Under Plant Closing Laws Incentivising Management Across the


Equity investors: be foreWARNed
  • McDermott Will & Emery
  • USA
  • April 8 2014

The Worker Adjustment Retraining and Notification Act (WARN Act) requires certain employers to give employees 60 days' notice of plant closings and


Directors’ fiduciary duties after Netsmart
  • McDermott Will & Emery
  • USA
  • August 16 2007

In the first quarter of this year, the Delaware Court of Chancery issued a decision that should cause directors to consider carefully whether they have done enough to canvass the market of potential acquirers when their company is up for sale or, in other words, whether they have effectively discharged their Revlon duties


Stapled financingrisk and reward
  • McDermott Will & Emery
  • USA
  • October 31 2007

Especially in light of the tightening credit conditions for leveraged buyouts, stapled financing remains an attractive technique to mitigate financing uncertainties in today’s market


Court finds disclosed information relating to fairness opinion sufficient
  • McDermott Will & Emery
  • USA
  • October 31 2007

In In re CheckFree Corp. Shareholders Litigation, Consol. C.A. No. 3193 CC (Del. Ch. Nov. 1, 2007), Chancellor Chandler of the Delaware Court of Chancery held that CheckFree Corporation was not required to disclose all of the data underlying the fairness opinion included in its definitive proxy statement


Financial advisor conflicts update
  • McDermott Will & Emery
  • USA
  • March 2 2012

Recently, the Delaware Court of Chancery has examined financial advisor conflicts in the mergers and acquisitions context and emphasized in various opinions that although financial advisors play a valuable role, disclosure of potential conflicts is crucial


Can a Poison Pill provide long-lasting relief?
  • McDermott Will & Emery
  • USA
  • February 28 2011

The Delaware Court of Chancery recently ruled in favor of Airgas and the continued enforceability of its Rights Agreement or "Poison Pill."


Successor liability in an asset sale: court holds purchaser liable for seller’s delinquent contributions to a multiemployer plan
  • McDermott Will & Emery
  • USA
  • April 29 2011

A federal appellate court recently held that a purchaser in an asset sale was liable for a seller's unpaid contributions to a multiemployer plan