We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 131

Caveat emptor: successor liability for FLSA claims
  • McDermott Will & Emery
  • USA
  • July 24 2013

One of the primary advantages to acquiring businesses through asset sales as opposed to stock sales is the buyer's ability to avoid successor


M&A Corporate Governance: Oversight of the Board’s Financial Advisors
  • McDermott Will & Emery
  • USA
  • October 16 2013

Recent decisions in the Delaware Court of Chancery highlight the need for increased oversight of financial advisors by corporations engaging in M&A


Illinois circuit court reinforces Seventh Circuit’s limitation on financial advisors’ liability under fairness opinions
  • McDermott Will & Emery
  • USA
  • January 28 2009

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


“Sunshine is the best disinfectant”: a financial advisory update
  • McDermott Will & Emery
  • USA
  • April 14 2011

Since December 2010, the Delaware Court of Chancery has been emphasizing the need for additional disclosures relating to financial advisors in merger and acquisition transactions


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


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."


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


Buyer beware: prohibitions against rescission in case of seller misrepresentation enforced
  • McDermott Will & Emery
  • USA
  • July 18 2007

A current trend in the M&A market highlights the increasing leverage of private equity firms selling portfolio companies


Wayward management
  • McDermott Will & Emery
  • USA
  • July 18 2007

Last month, the Dow Chemical Company fired two senior executives accused of purportedly engaging in unauthorized discussions with third parties concerning a potential takeover bid for the company


Lessons from Caremark
  • McDermott Will & Emery
  • USA
  • July 18 2007

In a recent decision relating to the proposed merger of Caremark RX, Inc. and CVS Corporation, the Delaware Court of Chancery emphasized that certain aspects of the proposed merger structure gave rise to additional disclosure requirements and additional shareholder rights (Louisiana Mun. Police Employees’ Retirement Sys. v. Crawford