Changing market dynamics have led buyers to assess available options to address post-closing target company issues.
Amid the buoyant market of 2021 and early 2022, compressed deal timelines and frenzied competition...more
5/12/2023
/ Acquisitions ,
Commercial Insurance Policies ,
Contract Disputes ,
Contract Terms ,
Due Diligence ,
Financial Statements ,
Fraud ,
Indemnity Insurance ,
Insurance Claims ,
Mergers ,
Post-Closing Rights ,
Risk Assessment ,
Target Company ,
Warranty Insurance
Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more
1/5/2022
/ Breach of Contract ,
Business Torts ,
Commercial Litigation ,
Contract Disputes ,
Contract Formation ,
Contract Interpretation ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Fraud ,
Remedies ,
Rules of Civil Procedure ,
UK ,
UK Brexit
Buyers’ best defence against M&A fraud requires rigorous, pre-closing due diligence — when fraud is suspected, deal teams should seek legal advice and proceed with caution.
Recent high-profile fraud cases gravely...more
10/29/2019
/ Accounting Fraud ,
Acquisitions ,
Auditors ,
Contract Terms ,
Due Diligence ,
Forensic Accounting ,
Fraud ,
Limitation of Liability Clause ,
Mergers ,
Publicly-Traded Companies ,
Representations and Warranties ,
Risk Management ,
UK
English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud.
Introduction -
In Takhar v Gracefield Developments Limited and others...more
4/17/2019
/ Abuse of Process ,
Appeals ,
Beneficial Owner ,
Estoppel ,
Evidence ,
Final Judgment ,
Fraud ,
Res Judicata ,
Rules of Civil Procedure ,
Set-Asides ,
UK ,
UK Supreme Court
On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial...more