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Delaware Supreme Court Confirms that Buyer and Sellers Can Allocate the Risk of Non-Intentional Fraud

USA - March 2 2021 In Express Scripts, Inc., et al. V. Bracket Holdings Corp., the Delaware Supreme Court, sitting en banc, reversed and remanded the decision of the D…

Neil A. Steiner, Jonathan Kim, Melanie MacKay, Derek M. Winokur

Committed Capital | Private Equity Podcast Series: The Market for Private Equity Financing

USA - October 14 2020 In this Episode, leaders from Ares Management, KKR and Vista Credit Partners discuss the latest trends shaping the market, including bank and…

Sweat the Small Stuff: Delaware Court of Chancery Faults Acquirer for Failing to Deliver Notice to Extend End Date

USA - March 26 2019 On June 17, 2018, affiliates of private equity firm Vintage Capital Management, LLC entered into a merger agreement to acquire Rent-A-Center, Inc., a…

Thomas J. Cheeseman

Recent Delaware Case Makes First Finding of "Material Adverse Effect": Key Takeaways

USA - October 11 2018 The recent decision of the Delaware Court of Chancery in Akorn, Inc. v. Fresenius Kabi AG et. al is the first time a Delaware court has found a material adverse effect in...

Allie M. Misner, Joshua D. N. Hess, Markus P. Bolsinger, Paul Bennett IV, Adam D. Rosenthal

The Congressional Review Act: Striking a New Balance between Congressional Control and Regulatory Initiative - The Fate of the Leveraged Lending Guidance at Issue

USA - November 2 2017 After more than two decades in obscurity, the Congressional Review Act (CRA) has now emerged as a major factor in the relationship between the U.S…

Thomas C. Bogle, Robert H. Ledig, Thomas P. Vartanian