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Member Articles


Delaware Supreme Court Affirms Dismissal of Fraud Claim Based on Non-Disclosure Agreement Provisions

Contact: Herrick, Feinstein LLP (New York City, New York, USA) The Delaware Supreme Court upheld the dismissal of a fraud claim based on a non-disclosure agreement. The dispute arose when one party to a potential transa ...

Sales of Businesses Getting the Earn-out Right

By: Kevin ByrneClarkslegal LLP (Reading, England)On a sale by the sellers of the shares in a company or the assets in a business, often the price agreed is a mixture of an upfront payment payable on completion and a sum ...

Herrick Feinstein's Corporate Alert - April 2012

Contact: Herrick, Feinstein (New York, New York, USA) Headlines include: JOBS Act Signed into Law; Public Companies Gravitate Toward Lead Directors; Delaware Chancery Court Permanently Enjoins “Good Bank/Bad Bank” S ...

Earn-outs

By: Gerry Halpenny and Jennifer McGuireLK Shields Solicitors (Ireland) A recent case in the UK shows the importance of agreeing provisions relating to earn-out mechanisms in the sale of a company or business. ...

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