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“Hell Or High Water” Clauses in Merger & Acquisition Agreements

In the M&A context, “hell or high water” clauses are often negotiated where obtaining antitrust or regulatory approval is a condition precedent to closing the deal. Such provisions may require one or both parties to take...more

Recent SPAC Litigation Tied To Short Seller Scrutiny

2020 was the year of the special purpose acquisition company (“SPAC”), with over $ 70 billion raised in deal value, a five-fold increase over 2019. SPACs are a large, growing and ebullient market. A SPAC is a shell company...more

Recent Cases Highlight Supply and Demand Imbalance In the SPAC Market

By mid-2020, special purpose acquisition companies (“SPACs”) had already set records, with over $22 billion in deal value. The massive amount of SPAC capital being raised has created a huge demand for suitable acquisition...more

Litigation Risk in the SPAC World

It seems that it is impossible to talk to any fund today without learning that a SPAC is planned or in process. SPACs are vehicles for taking companies public in a way that is potentially more efficient and quicker than a...more

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