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Results: 1-10 of 138

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


“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


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


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


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


Inside M&A - Fall 2014
  • McDermott Will & Emery
  • USA
  • October 14 2014

Buyers can acquire unintended and potentially very damaging liabilities together with target business or assets. Analyzing the financial situation of


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


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