News & Analysis as of

Acquisition Agreements Acquisitions

Kerr Russell

Length of Covenants Not to Compete

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Question: I am selling my practice and plan to become employed by the buyer for a year following the closing. I expect that I will have to agree to a covenant not to compete. This article originally appeared in the August...more

Mayer Brown

The Staying Power of Term Sheets

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In this episode, Mayer Brown’s Global Corporate M&A Podcast unpacks the surprising staying power of term sheets—even after definitive agreements are signed. Hosts Jon Dhanawade, Frank Favia, and Andrew Stanger dissect recent...more

Morris James LLP

Chancery Holds Acquirer Cannot Offset Cost Savings from Failure to Enter Settlement Agreement Against Indemnification Damages

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ITG Brands, LLC v. Reynolds Am., Inc., C.A. No. 2017-0129-LWW (Del. Ch. Mar. 3, 2025) - In this case, the Delaware Court of Chancery had previously held that, under the parties’ acquisition agreement, the...more

Fox Rothschild LLP

The NO FAKES Act: Including the Potential Federal Right of Publicity in Catalog Acquisitions

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Among the most dominant trends in the music industry over the past decade has been the proliferation of investment in catalogs of musical compositions and sound recordings. While many investors’ theses focus solely on the...more

Foley & Lardner LLP

The Rise of "Acquihiring" in a Post-Layoff Tech Sector

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As a practicing M&A attorney representing both strategic acquirers and venture-backed targets, I have had a front row seat to the fundamental transformation of Silicon Valley’s exit landscape. The rise of acquihiring...more

Clark Hill PLC

BBP Holdco v. Brunswick: Delaware Superior Court reinforces M&A fair disclosure standards

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In BBP Holdco, Inc. v. Brunswick Corporation, decided July 14, the Delaware Superior Court delivered a resounding defense of the “fair disclosure” standard in M&A transactions. Judge Paul R. Wallace’s 45-page decision after...more

Thomas Fox - Compliance Evangelist

Compliance Tip of the Day: Why Engage in Pre-acquisition Due Diligence

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned...more

Roetzel & Andress

Planning for the Unexpected: How Unwind Agreements Help Medical Practices

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If your medical practice is considering joining a larger group or hospital, it’s important to ask: what if the new relationship doesn’t work out? In some situations, an unwind agreement can provide a path back to...more

Winstead PC

[Webinar] Maximizing Your M&A Outcome - A Conversation on Seller Readiness - August 20th, 1:00 pm ET

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You're invited to join us for a webinar focusing on the crucial topic of seller readiness in mergers and acquisitions. This event will feature a dynamic discussion between Manny Clark, M&A Attorney at Winstead and Eric...more

A&O Shearman

Delaware Chancery Court Grants Partial Judgment On Post-Acquisition Earnout Payments, Finding They Were Not Conditioned On...

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On July 31, 2025, Vice Chancellor Lori W. Will of the Delaware Court of Chancery granted partial judgment on the pleadings on a breach of contract counterclaim asserted by defendant, the former majority owner of two...more

Stinson - Corporate & Securities Law Blog

Court Invalidates Indemnification Claim for Failure to Comply with Dispute Resolution Provisions

Halinski v. ADS Grp. Acquisition, LLC (Del. Ch. (7/25) discusses the propriety of indemnification claims.  The relevant SPA deferred payment of a $4,439,000 Tax Holdback to cover certain possible post-closing tax liabilities....more

Woodruff Sawyer

RWI for Small Deals: A Strategic Shift in Product Design

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The US representations and warranties insurance (RWI) market has long been a fixture in M&A transactions, particularly in the mid- and large-cap space. But as dealmakers increasingly look to scale through smaller...more

Davis Wright Tremaine LLP

Food Venture Financing News – Weekly Issue No. 245

Food Venture Financing Trends - Ferrero, the maker of Nutella, is purchasing WK Kellog for $3.1 billion looking to grow their North American presence....more

Ropes & Gray LLP

Dealmaker's Digest: A Top 10 Bulletin - July 2025

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In Dealmaker’s Digest, read the top 10 latest developments in global transactions. We offer insights into M&A activity across industries and borders. The first half of 2025 saw a 13% increase in global deal value and 5%...more

Shook, Hardy & Bacon L.L.P.

Colorado Clarifies Limits on Noncompetes in Business Sale Arrangements

By statutory law, Colorado has generally prohibited restrictive agreements except for specific exemptions. More recent legislation provides greater clarity and specificity as it relates to restrictions on noncompetition...more

Goodwin

BioNTech Announces Transaction to Acquire CureVac

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On June 12, 2025, BioNTech SE (“BioNTech”) announced its entry into a definitive purchase agreement to acquire all shares of CureVac N.V. (“CureVac”), with an implied aggregate equity value for CureVac of approximately $1.25...more

Fenwick & West LLP

Buy-Side M&A Playbook: Drafting Definitive Agreements - The Road to Closing

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This article is part of Fenwick's "Buy-Side M&A Playbook" series, published as part of the Silicon Valley Defense Group's Industry Collaboration Toolkit....more

Fenwick & West LLP

Buy-Side M&A Playbook: The Term Sheet - Defining Your Aerospace & Defense Deal

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This article is part of Fenwick's "Buy-Side M&A Playbook" series, published as part of the Silicon Valley Defense Group's Industry Collaboration Toolkit....more

BakerHostetler

Methods To Allocate Tariff-Related Risks in M&A Agreements

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Buyers and sellers that are parties to an M&A transaction should carefully consider whether the risks associated with tariffs that have already been imposed or that may be imposed in the future may significantly impact the...more

Otten Johnson Robinson Neff + Ragonetti PC

Preparing for a Representations and Warranties Underwriting Call in a Merger and Acquisition Transaction

When a buyer in a Merger and Acquisition (M&A) transaction seeks to obtain representations and warranties insurance (RWI), one of the key steps is the underwriting call. This call is a critical part of the insurer’s diligence...more

Procopio, Cory, Hargreaves & Savitch LLP

Eleven Concepts Business Teams Need to Know About Indemnification and Protection in Private Company M&A: Cutting Through the...

Privately held businesses are rarely bought or sold “as is.” Buyers of most businesses usually expect the sellers to make a comprehensive set of “representations” or “reps.” In other words, statements about the business that...more

Rivkin Radler LLP

[Webinar] 2025 Healthcare Mergers & Acquisitions- What To Expect; How To Prepare; Choosing The Right Deal - January 23rd, 12:00 pm...

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This year promises to see a significant increase in the volume of healthcare mergers, acquisitions and consolidations. On Thursday, January 23, Rivkin Radler’s first Health Law Executive Briefing, 2025 Healthcare Mergers &...more

Mitratech Holdings, Inc

[Webinar] How Innovative Firms Are Using AI to Improve Your Legal Work | Session #2 Corporate/M&A - November 19th, 12:00 pm ET

This is a second part of the AdvanceLaw Innovative Law Firm Webinar Series that will focus on AI innovation in AdvanceLaw firm Corporate/M&A practices. ...more

Williams Mullen

[Webinar] M&A Series: Social Media Due Diligence - How to Better Assess Regulatory Compliance Before You Buy the Company - October...

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Please join Williams Mullen attorneys Amber Duncan and Max So as they discuss better assessing social media and other regulatory compliance during the due diligence process....more

Bennett Jones LLP

Canada's M&A Landscape and Deal Making Trends: Q1 2024

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United States and global M&A rebounded in the first quarter of 2024, powered by the return of mega deals worth US$10 billion or more. According to Bloomberg, global deal values are up about 21 percent year-on-year to more...more

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