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Chancery Addresses "Commercially Reasonable Efforts" Clauses in the Context of an Earnout Dispute

In Shareholder Representative Services LLC v. Alexion Pharmaceuticals, Inc., the Delaware Court of Chancery addressed an earnout dispute, holding that a buyer violated its contract with the seller by failing to use...more

Drafting Force Majeure Clauses To Provide For Pandemic-Related Contingencies

While our economy has slowed, it has not stopped. Businesses that continue, even if in a less robust fashion, will continue to make deals and contracts. This article provides guidance on how those new contracts can address...more

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