On October 1st, 2016, the French contract law reform introduced by the Ordinance of February 10th, 2016 took effect (the "Reform"). The government
Most companies will unfortunately find themselves being involved in commercial disputes at some point. These can be difficult, expensive and
On July 7, 2016, the Canadian Securities Administrators (CSA) published proposed amendments to National Instrument 31-103 Registration Requirements
In November 2015, the Alberta Court of Appeal issued its decision in Stewart Estate v TAQA North Ltd, 2015 ABCA 357, which addressed a number of
Contracts for the sale of commercial premises tend to contain a special condition that allows the buyer the opportunity to make enquiries in relation
‘Don’t Ask, Don’t Waive’ provisions in standstill agreements have become relatively common in the US and have recently received considerable judicial
“Big-Boy Letters” are often used as a tool to limit an issuer’s or broker-dealer’s potential liability in connection with a private sale of securities.
The Delaware Supreme Court recently upheld the decision by a Delaware Superior Court in RAA Management, LLC v. Savage Sports Holdings, Inc., thereby affirming the Delaware courts’ position of enforcing the unambiguous terms of non-reliance disclaimer and advance waiver provisions contained in non-disclosure agreements between sophisticated parties.
The Delaware Supreme Court recently reminded potential buyers in M&A transactions that they likely will have very limited, if any, remedies or recourse against the seller in connection with the potential transaction until an agreement is signed.
The Delaware Supreme Court affirms enforceability of non-reliance and waiver provisions in a nondisclosure agreement to bar claims by a would-be buyer of a business based on alleged fraudulently omitted or misstated information in due diligence.