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Results: 1-10 of 103

Crying Revlon: Delaware courts dismiss claims in Morton’s Restaurant Group acquisition
  • McDermott Will & Emery
  • USA
  • February 26 2014

In In Re Morton's Restaurant Group, Inc. Shareholders Litigation, Chancellor Strine dismissed all claims in an action arising out of the acquisition


Financial advisory update
  • McDermott Will & Emery
  • USA
  • December 11 2013

Novel theories by plaintiffs’ lawyers need to foster novel approaches by M&A lawyers. A number of recent cases highlight the increasing risks for


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


Private equity firms achieve only partial dismissal of “buying club” antitrust lawsuit
  • McDermott Will & Emery
  • USA
  • April 12 2013

The U.S. District Court for the District of Massachusetts recently limited the scope of a proposed shareholder class action against a number of


Delaware Court of Chancery upholds forum selection bylaws
  • McDermott Will & Emery
  • USA
  • February 26 2014

In recent years, virtually every merger and acquisition (M&A) transaction of significant size involving a U.S. public company has been challenged in


Who’s in charge is the board responsible to monitor its financial advisor or vice versa?
  • McDermott Will & Emery
  • USA
  • March 21 2014

In the case of In re Rural Metro Corporation Stockholders Litigation, the Court of Chancery of the State of Delaware held that the primary financial


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


Recent case suggests how private equity funds can protect against unfunded pension liabilities of portfolio companies
  • McDermott Will & Emery
  • USA
  • November 6 2012

A recent decision by the U.S. District Court of Massachusetts specifically rejects the 2007 Pension Benefit Guaranty Corporation opinion that private equity funds can be a “trade or business” potentially subject to joint and several liability for a portfolio company’s unfunded pension liabilities


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