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Results: 1-10 of 133

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


“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


Seventh Circuit continues to apply federal successor liability doctrine to multiemployer pension plan withdrawal liability
  • McDermott Will & Emery
  • USA
  • September 29 2015

Regarding multiemployer pension plans, the U.S. Court of Appeals for the Seventh Circuit has long held that a purchaser can incur withdrawal


Straight outta Delaware: JLI Invest S.A. et al. V. Cook et al.
  • McDermott Will & Emery
  • USA
  • August 25 2015

As soon as we start to think that Delaware's unclaimed property practices and administration couldn't possibly get any more egregious, another


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


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


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


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


Split within Federal Circuit on preemption in ownership disputes
  • McDermott Will & Emery
  • USA
  • April 29 2011

The U.S. Court of Appeals for the Federal Circuit has denied a petition for rehearing en banc of its panel decision in Abraxis Bioscience v. Navinta LLC (see IP Update, Vol. 13, No. 11) regarding the applicable rule of law to apply in patent ownership dispute standing issues