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Herbert Smith Freehills LLP | United Kingdom | 30 Apr 2019

High Court reaffirms orthodoxy in assessing damages for breach of warranty in a share purchase agreement

The High Court has dismissed a purchaser’s claim for breach of warranty under a share purchase agreement (“SPA”) where it alleged that damages should


DAC Beachcroft | United Kingdom | 4 Apr 2019

Measuring damages for SPA breach of warranty and what this means for W&I insurance

In a decision of interest to commercial litigators and W&I insurers, the recent case of Overseas-Chinese Banking Corporation Ltd v ING Bank NV 2019


Allen & Overy LLP | United Kingdom | 3 Apr 2019

Breach of warranty: claim for hypothetical indemnity? Don’t bank on it.

In Oversea-China Banking Corporation v ING, the court held that damages based on a hypothetical indemnity were not recoverable for breach of warranty


Stephenson Harwood LLP | United Kingdom, European Union | 18 Mar 2019

High Court clarifies its approach to determination of "Loss" under the 1992 ISDA Master Agreement

Under the 1992 ISDA Master Agreement, following an event of default, there is either an automatic termination or the non-defaulting party can serve a


Akerman LLP | USA | 15 Nov 2018

Q4 2018: PErspectives on U.S. Middle Market Private Equity

While 2018 may be another record year for middle market buyouts, a marginal decline in third quarter activity may be indicative that the engine that


Buckley LLP | USA | 31 Oct 2018

Bankruptcy judge approves Lehman’s motion to add indemnity claims against mortgage sellers

It has been reported that during a hearing on October 29, a judge for the U.S. Bankruptcy Court for the Southern District of New York approved Lehman


Bilzin Sumberg | USA | 11 Oct 2018

Lehman Brothers Seeks to Expand Lawsuits Against Loan Originators

Last week, Lehman Brothers Holdings Inc. (“LBHI”) filed two new motions in its ongoing Southern District of New York Bankruptcy Court litigation


Buckley LLP | USA | 5 Oct 2018

Lehman seeks to add indemnity claims against mortgage sellers

On October 1, Lehman Brothers Holdings Inc., the firm’s plan administrator, and certain subsidiaries moved to increase the indemnification claims


Proskauer Rose LLP | USA | 2 Oct 2018

Life Balance Foundation Organized by Lehman Brothers Former CFO Erin Callan Montella

Erin Callan Montella was the CFO of Lehman Brothers in the months before it collapsed in 2008. After leaving Wall Street, marrying and having a


Clayton Utz | Australia | 27 Sep 2018

Creditors’ schemes of arrangement - a restructuring tool to pre-empt class action risks?

When faced with multiple class action threats, there is little downside in a company giving consideration to a creditors' scheme of arrangement to

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