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Evolving Private Company M&A Considerations in the COVID-19 Era

The virus that causes COVID-19 has ushered in unprecedented times for our country and our global community. Certainly, the pandemic is impacting the way M&A transactions are looked at, papered, implemented, and even priced....more

The New Name, Image and Likeness Playing Field for Colleges and Universities – What You Need to Know

Prior to 2015, student athletes were not permitted by NCAA rules to exploit commercially their name, image and likeness (“NIL”).  However, the decision that year in O’Bannon v. National Collegiate Athletic Ass’n, 802 F.3d...more

COVID Impact as a Standalone Indemnity in M&A Transactions

Introduction - The COVID virus has ushered in unprecedented and challenging times for our country and the global community. From the deeply personal pain and suffering caused by the virus as a health pandemic to behavioral...more

Court Partially Excuses Tenant’s Rent Obligations During COVID Shutdown

In the social and economic fallout from COVID, businesses are assessing how best to address their commercial relationships, especially where potentially insurmountable barriers to performance loom large. One clause that...more

COVID And M&A Earnouts What’s Market?

The COVID-19 virus has ushered in unprecedented and challenging times for our country and our global community.  From the deeply personal pain and suffering caused by the virus as a health pandemic to behavioral adjustments...more

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...more

Ten Things You Need to Know About Force Majeure Now

In the social and economic fallout from the Coronavirus, businesses are assessing how best to address their commercial relationships, especially where potentially insurmountable barriers to performance loom large.  One clause...more

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