Mergers & Acquisitions

Mergers & Acquisitions

Maurice M. Lefkort | Willkie Farr & Gallagher LLP

Since the Abry case in 2006,[1] sellers in mergers and acquisition transactions have increasingly tried to structure Acquisition Agreements to effectively nullify buyers’ common law fraud remedies. This trend, if taken to its extreme, would allow a seller to lie in diligence to induce a...

Civil Justice

Kathryn McCarthy | FTI Consulting, Inc.

Editor: Welcome, Kathryn. Please start our discussion by telling us how many second requests you have worked on. McCarthy: In my 17 years of practicing law, I have worked on over 40 second requests – seven during a single year – in connection with the Hart-Scott-Rodino Antitrust...

Antitrust & Competition

Robert Myers, Ivan Presant, Joseph Cosentino, Robert Masella | Clifford Chance

Editor: There has been a lot of focus recently on the prevalence of litigation around public M&A transactions. Can you give us your views on why there has been an increase in this type of litigation? Myers: The lawsuits challenging M&A transactions are coming from several sources. As...