X
18Aug

Recent Delaware Cases Illustrating How Uncapped Fraud Claims Can and Cannot Be Premised Upon Written Representations

In Delaware, a robust and properly placed disclaimer of reliance clause can effectively eliminate claims of fraudulent or negligent misrepresentation arising from extra-contractual statements made by or on behalf of a seller during the negotiation of a written acquisition agreement. And an effective exclusive remedy clause can limit the remedies available for any inaccuracy in the package of contractual representations and warranties that were expressly bargained for in that written acquisition...
By: Weil, Gotshal & Manges LLP
Source Url: https://www.jdsupra.com/legalnews/recent-delaware-cases-illustrating-how-67878/

Related

[Audio] Construction and the Neighbors

Construction partner Laurie Stanziale and Litigation partner and host Rich Schoenstein discuss Const...

Read More >

Fee-Shifting Provision in Stockholders Agreement Does Not Violate Delaware Law

Manti Holdings, LLC, et al. v. Authentix Acquisition Company, Inc. considered whether a “loser pays...

Read More >

Employer Risks That Arise From A Mandatory Service Charge

A service charge can provide a welcome boost to a business’ bottom line, but employers must manage ...

Read More >

COVID-19 Update: The impact of COVID-19 on health care private equity due diligence

For private equity transactions going forward during the COVID-19 crisis, and for those occurring se...

Read More >

Voters Will Have Say Over California Misclassification Law Come November

Over a million Californians have said they want a chance to vote on the misclassification law that t...

Read More >

SEC Simplifies Accounting Disclosures for “Significant” M&A Transactions

The SEC has adopted amendments to the financial disclosure requirements in Regulation S-X for acquis...

Read More >