When M&A transactions end in post-closing disputes, the right to assert privilege with respect to communications that the acquired business conducted with its counsel pre-closing can be of critical importance and possibly...more
From time to time, private equity sponsors will exit a portfolio company investment by selling the portfolio company to buyers led by another fund managed by the same sponsor. Because the sponsor is essentially on both sides...more
The outbreak of the coronavirus (COVID-19), with its social distancing and remote work protocols, has brought renewed focus on the execution of transactional documentation without the traditional inked (wet) signature. ...more
Even as they make their investment, private equity investors are focused on their exit. A standard feature of an exit strategy is the set of drag-along rights embedded in a stockholder or similar agreement executed among...more
1/23/2020
/ Controlling Stockholders ,
Corporate Counsel ,
Corporate Sales Transactions ,
Delaware General Corporation Law ,
Exit Strategies ,
Investment ,
Investors ,
Minority Equity Investments ,
Private Equity ,
Private Equity Funds ,
Vested Rights Doctrine ,
Waivers
M&A Monitor focuses on legal issues of interest to M&A practitioners for private and closely held companies, providing explanation, analysis and practical application on timely topics....more
12/10/2019
/ Antitrust Provisions ,
Closely Held Businesses ,
Confidential Information ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Information Sharing ,
Pre-Merger Filing Requirements ,
Regulatory Requirements ,
Sensitive Business Information