News & Analysis as of

Selling a Business Acquisition Agreements

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

Jones Day

Earnouts in M&A Transactions: Recent Decisions From Delaware

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In 2024, Delaware courts issued multiple instructive decisions on earnout provisions in life sciences M&A transactions. ...more

Orrick, Herrington & Sutcliffe LLP

What's Important to Get Right in the Term Sheet?

Join Justin Yi and Mark Seneca to learn about the essential elements: Defining the deal structure and purchase price Setting indemnification terms Managing exclusivity periods to maximize your leverage...more

Mayer Brown

A Delaware Law Alert: M&A Disputes

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Two recent Delaware Superior Court opinions are essential reading for M&A practitioners drafting language with respect to how disputes related to purchase price adjustments, earnouts, and other accounting-related...more

IR Global

Boost Client Acquisitions: A Guide for Business Advisors

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As a business advisor, understanding the succession process for business owners can significantly benefit your ability to attract and build a business owner practice successfully. Long-term thinking can be complex for some...more

Goulston & Storrs PC

Key Takeaways: 2023 ABA Private Target Mergers & Acquisitions Deal Points Study

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The Private Target Mergers & Acquisitions Deal Points Study (“the Study”) is published on a bi-annual basis by the Market Trends Subcommittee of the ABA Business Law Section’s M&A Committee, which I am happy to serve on. The...more

Troutman Pepper Locke

So… Can I Sell in 2023?

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You've put in your time, raised capital appropriately, surrounded yourself with a top-notch team, built a great product, and demonstrated the right metrics — so, is now a good time to ride into the sunset? Well, in 2023,...more

Mandelbaum Barrett PC

Associate Buy-Ins: Selling Your Veterinary Practice to an Associate

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Selling your veterinary practice can be financially, legally, and emotionally complicated. And, while selling to an associate certainly has its benefits, there are still plenty of complications you need to be prepared for....more

Kohrman Jackson & Krantz LLP

What to Know When Buying or Selling a Cannabis Business

As more states legalize cannabis and the industry experiences ongoing growth, we are witnessing a rising trend of acquisitions and sales within this sector. While buying and selling a business is a complex process for any...more

Goulston & Storrs PC

Target Counsel Legal Opinions (UPDATED)

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Market Trends: What You Need to Know - One of the most pronounced practice-related trends in private company merger and acquisition transactions is the near-disappearance of target legal opinions as a closing deliverable. ...more

Goulston & Storrs PC

The 'Materiality Scrape'

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Market Trends: What You Need to Know - Over the past 15+ years covered by the ABA studies, materiality scrapes have morphed from being a somewhat uncommon provision, seen in about 14% of transactions in 2005, to...more

Pullman & Comley, LLC

Manufacturing Updates - Spring 2021

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Welcome to Manufacturing Updates, Pullman & Comley’s new quarterly publication that summarizes important legal developments for manufacturers. Manufacturing Updates brings together insights from attorneys across our many...more

Burr & Forman

Do You Understand Due Diligence in Physician Practice Acquisitions?

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Often in the sale of a physician’s practice, the owner of the selling practice (the “Selling Practice”) may desire to structure the transaction as what some refer to as a “handshake deal” – using minimal documentation and...more

White and Williams LLP

Delaware Court Enforces Strict Compliance With Notice Provisions

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The Delaware Chancery Court issued a recent opinion that provides a warning for parties to contracts: strictly follow the notice instructions set forth in the agreement or otherwise jeopardize contractual rights under the...more

Jones Day

Delaware Supreme Court Reverses Chancellor's Chicago Bridge Ruling - Authority of Independent Auditor to Resolve Purchase Price...

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In a much-anticipated decision, on June 27, 2017, the Supreme Court of Delaware reversed the Chancery Court's ruling in Chicago Bridge v. Westinghouse. The Delaware Supreme Court determined that an independent auditor...more

Troutman Pepper Locke

Novation of Government Contracts: How to Prepare for and Receive Government Approval

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Government contractors, so long as consistent with statute and regulation, should coordinate with the government regarding novation issues to best position themselves for acceptance of proposed novations....more

Polsinelli

Texas Law Lets Attorney-Client Privilege Transfer to the Buyer of a Business

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When negotiating the sale of a business, legal counsel should be aware that the attorney-client privilege protecting communications between the seller and its legal counsel – including negotiations regarding the acquisition –...more

Franczek P.C.

Non-Compete Agreements may be Transferred and Enforced by the Successor Employer Following an Asset Purchase Sale

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The Eighth Circuit Court of Appeals recently held that non-compete agreements may be transferred to a successor employer through an asset sale and enforced by that successor employer against the employees who previously...more

Foley & Lardner LLP

Considering Selling Your Company? Tip #4: Utilize the Pool of Potential Acquirers

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Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community –...more

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