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The MAE Clause Faces Off With COVID-19 in the Delaware Courts—What Comes Next?

While the novel coronavirus (COVID-19) continues to disrupt the global economy, it is also causing the number of disputes over pending mergers and acquisitions transactions to rise....more

Chancery Court Finds Merger Agreement’s “No Use” Provision Preserves Seller’s Privilege

In Shareholder Representative Services LLC v. RSI Holdco, LLC, C.A. No. 2018-0517-KSJM (Del. Ch. May 29, 2019), the Delaware Court of Chancery held that a merger agreement provision assigning pre-merger privilege held by...more

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