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New York’s Restrictive Interpretation of Common Interest Doctrine Unlikely to Have Significant Impact in Bankruptcy
  • Jones Day
  • USA
  • September 27 2016

On June 9, 2016, the New York State Court of Appeals, in Ambac Assur. Corp. v. Countrywide Home Loans, 2016 BL 184648 (N.Y. June 9, 2016), reversed a

Federal Court Gives Teeth to Operational Efforts Covenant in SanofiGenzyme Earn-Out Dispute
  • Cooley LLP
  • USA
  • September 26 2016

On September 8, 2016, a federal court in New York declined to dismiss a claim that Sanofi breached its efforts obligations in connection with

The Delta Report: Derivatives Newsletter, September 2016
  • White & Case LLP
  • European Union, Global, Hong Kong, United Kingdom, USA
  • September 23 2016

On March 16, 2016, the Commodity Futures Trading Commission (“CFTC”) approved a final rule (“TO Final Rule”) that amends its trade option exemption

Contract Drafting 101It Doesn’t Matter What You Actually Meant by What You Said; It Only Matters What is Determined to be Meant by What You Actually Said
  • Weil Gotshal & Manges LLP
  • USA
  • September 19 2016

In an 80’s television series called Hill Street Blues, each episode would begin with the early morning roll call at the Hill Street Precinct. After

Chancery Court Finds Unqualified Inspection Right in Statutory Trust Agreement Renders Default Preconditions and Defenses Inapplicable
  • K&L Gates
  • USA
  • September 16 2016

In Grand Acquisition LLC v. Passco Indian Springs DST, C.A. No. 12003-VCMR (Del. Ch. Aug. 26, 2016) the Delaware Court of Chancery found that under

Chancery Court Determines the Appropriate Valuation Method for Use in Connection with an Appraisal Action Involving the Greatest Divergence among Valuations the Court Has Seen to Date
  • K&L Gates
  • USA
  • September 15 2016

In determining the fair value of stock of a privately held corporation at the time of a cash-out merger in connection with an appraisal action by

Mass. District Court Holds Private Equity Funds Liable for a Portfolio Entity’s Pension Benefits
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • September 14 2016

The Private Equity Practice has been getting an increasing number of calls related to the decision made earlier this spring (Sun Capital Partners III

Taming the Bull Rider: Chancery Court Reining in Mootness Fee Awards in Merger Litigation
  • Proskauer Rose LLP
  • USA
  • September 13 2016

Last month, the Delaware Chancery Court drastically reduced - from $275,000 to $50,000 - a mootness fee award requested by plaintiffs’ counsel in a

A 'Magic Perspective' on Fraud by Sellers in Private Equity Deals
  • Pepper Hamilton LLP
  • USA
  • September 13 2016

With claims on the rise, getting the language right in sales documents is more important than ever TheDeal.com (ISSN 1547-7584) is published by The

Eleventh Circuit Ignores Omnicare in Rejecting Claim Based on Failure to Disclose True Motivations for Stock Repurchase, in Henningsen v. ADT Corp. (September 7, 2016)
  • Lane Powell PC
  • USA
  • September 12 2016

The 11th Circuit ignored the potential application of the Supreme Court's 2015 decision in Omnicare, and instead reached back to its own precedent