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Doing Deals In the COVID-19 Era: Renegotiating Price and Other Changes Before Closing

What does Victoria’s Secret reveal about the perilous nature of doing deals in a pandemic? In two words, buyer beware. On February 20, 2020, as the stock market roared to an all-time high, Sycamore Partners inked a $525 million deal to purchase a...By: Goulston & Storrs PC
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Goulston & Storrs PC | May 06,2020 |

PPP Updates: More Interim Final Rules, FAQs and Unanswered Questions from the SBA

Following the release of the second round of Paycheck Protection Program (PPP) funding, the Small Business Administration (SBA) posted several updates related to the PPP....By: Stinson LLP
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Stinson LLP | May 06,2020 |

Earn-OUCH: Post-M&A Transaction Earn-Outs In Light Of COVID-19

Often, the parties in a business sale will designate a portion of the purchase price to be paid out over time or otherwise made contingent on the performance of the business after the transaction is complete. This “earn-out” can be a meaningful...By: Tonkon Torp LLP
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Tonkon Torp LLP | May 06,2020 |

Thinking of buying or selling a business? Now is the time to prepare.

While the business world is on hold, a positive way to position your business is to think of the future. Is your business growing and expanding? Do you want to add a division? Are you thinking that all this time at home is great and retirement is...By: Hellmuth & Johnson
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Hellmuth & Johnson | May 06,2020 |

Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose

New York courts have applied the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances when raised by commercial tenants who refused to pay rent in situations analogous...By: Cozen O'Connor
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Cozen O'Connor | May 06,2020 |

Zoning Boards May Consider the Proposed Use and Purpose When Deciding Area Variance Applications, But Cannot Forget the Five-Factors

When deciding an area variance application, a zoning board may consider the proposed use of the property and the purpose in seeking the variance. However, the zoning board cannot fail to account for the five-factor test mandated by statute (see...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | May 06,2020 |

[Video] Construction Delays in the Time of Coronavirus: A Legal Perspective

“Time is money.” There are few places where that phrase is truer than in construction, and unfortunately, that truth has been highlighted by the coronavirus pandemic shutting down construction throughout Pennsylvania. Projects currently on standby...By: Cohen Seglias Pallas Greenhall & Furman PC
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Blog: Whataday for Special Committees: Salladay v. Lev Clarifies Committee Formation Requirements in Non-MFW Scenarios

In late February as the COVID-19 pandemic was accelerating, the Delaware Chancery Court issued an important decision that is likely to impact transactions during the expected recession. In Salladay v. Lev, C.A. No. 2019-0048-SG (Del. Ch. Feb. 27,...By: Cooley LLP
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Cooley LLP | May 06,2020 |

OTA & Travel Distribution Update: Expedia abandons rate parity in Australia; Sabre and Farelogix terminate merger agreement; European travel associations urge legislators for use of vouchers over refunds due to liquidity crisis

This week’s Update features a number of updates on previous stories, including our recent story on Expedia’s apparent abandonment of indirect and direct channel rate parity provisions in Australia. Enjoy....By: Foster Garvey PC
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Foster Garvey PC | May 06,2020 |

COVID-19: Distressed M&A in the Era of a Pandemic -- Part 1, Eyes Wide Open

INTRODUCTION - COVID-19 and the ensuing economic turmoil are continuing to adversely impact businesses worldwide. As a result, in the months ahead, thousands of companies either will be unable to survive on a stand-alone basis or will conclude they...By: K&L Gates LLP
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K&L Gates LLP | May 05,2020 |
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