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Confidentiality Agreements › Merger Agreements

Cozen O'Connor

LOIs in M&A Transactions: Striking the Right Balance Between Commitment and Flexibility

Cozen O'Connor on

A letter of intent (LOI) or term sheet tends to be the first substantive document for an M&A transaction. It outlines the key terms and mutual understanding between a buyer and seller while they progress through due diligence...more

Nelson Mullins Riley & Scarborough LLP

NLRB Changes Position on Certain Confidentiality and Nondisparagement Provisions in Employee Agreements

Nelson Mullins Riley & Scarborough LLP on

M&A transactions often include special bonus, severance and/or release agreements for some or all employees. These agreements have generally included provisions requiring the employee (1) to keep confidential the amount of...more

Fenwick & West LLP

Akorn v. Fresenius: Important Practical Lessons from First-Ever Material Adverse Effect

Fenwick & West LLP on

On October 1, in Akorn v. Fresenius Kabi, the Delaware Court of Chancery for the first time found that a material adverse effect — or MAE — had occurred in a merger transaction, which, combined with other breaches of the...more

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