14Oct
The Latest Effort to Use Fraud to Overcome a No-Indemnity Deal—The Target’s Preparation of the Preliminary Closing Statement
The mere allegation of fraud has the potential of wreaking havoc with the carefully negotiated limits on liability specifically set forth in private company acquisition agreements. This is particularly true for the private equity seller distributing the proceeds of a portfolio company sale to its limited partners in reliance upon those limits on post-closing liability. And the use of robust and properly placed anti-reliance clauses to limit the universe of purported representations as to which...
By:
Weil, Gotshal & Manges LLP
Related
The uncertainty of the COVID-19 crisis and its resulting economic effects continue to make each stag...
Read More >
Based on the public filing, the Bureau asserted that Sterling was engaged in the business of providi...
Read More >
Ever since the Delaware Chancery Court opinion in Great Hill Equity Partners IV, LP v. SIG Growth Eq...
Read More >
White & Case LLP argued the last successful fully-fledged "failing firm defence" case in Aegean/Olym...
Read More >
The life sciences industry faces a wide range of legal, regulatory and business challenges, along wi...
Read More >
Commonly included but rarely invoked, the standard force majeure clause has taken on a life of its o...
Read More >