One of the benefits of being owed money under a promissory note (and, when applicable, a personal guaranty(ee)), in contrast to being owed money under an ordinary contract, is that the lender can qualify for an expedited procedure for collecting the debt under CPLR 3213. To qualify for CPLR 3213, the instrument...

https://businesslawtoday.org/2024/04/delaware-appraisal-rulings-spotlight-growth-assumptions-in-expert-valuation-models/?utm_source=newsletter&utm_medium=email&utm_campaign=may24_mibs

https://businesslawtoday.org/2024/02/when-can-the-covenant-of-good-faith-and-fair-dealing-be-invoked

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In response to a client's allegations of malpractice, the Court--in Dean v. Brodman, 2021 NY Slip Op. 01842--held that the accounting firm was able to show that it followed accepted standards of practice when it prepared the client's tax information. The Court stated that an accountant may rely...

INTRODUCTION

The virus that causes COVID-19 has ushered in unprecedented times for our country and our global community. Certainly, the pandemic is impacting the way M&A transactions are looked at, papered, implemented, and even priced. This article identifies some of the higher-level, pandemic-related considerations evolving in the private...

IN BRIEF Amidst the COVID-19 pandemic, parties to M&A transactions are likely to use earnouts more frequently.What are the complex components of a well-structured earnout, and what are some best practices for designing earnouts to minimize disputes?

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IN BRIEF The COVID-19 pandemic has caused a shift from a seller’s market to a buyer’s market in the space of a few months and has changed the M&A deal process.How should deals can be structured to allocate the risks between buyers and sellers in a post-COVID-19 world?