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In Re Lyondell Chemical Company, The Long Arm of a Failed LBO
Read moreTo the interested observer of private equity, a typical leveraged buyout follows a relatively predictable sequence. Most buyouts begin...
March 13, 20140 -
Denver Merchandise and “Make-whole provisions”
Read moreEarlier this year the U.S. Court of Appeals for the Fifth Circuit added another take on “make-whole provisions” in...
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Experience and Logic?: The Strine Decision
Read moreThe Strine Decision On October 23, 2013, the Third Circuit Court of Appeals declared the Delaware Chancery Court’s arbitration...
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Investment Plus What? Sun Capital and the “Investment Plus” Standard
Read moreEarlier this year, the First Circuit Court of Appeals delivered its opinion in Sun Capital Partners III, LP v....
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Delaware Court Gives New Meaning to the Non-Disclosure Agreement
Read more“But the road to true love seldom runs smooth, even for companies that make paving materials.” This...
February 13, 2013 -
Private Equity in India
Read moreSince the enactment of economic reforms in the early 1990s, India has experienced a period of rapid economic growth....
November 23, 2012 -
LLC Fiduciary Duties in Delaware Private Equity and Venture Capital
Read moreIn its January 27th decision of Auriga Capital Corp. v. Gatz Properties, LLC, the Delaware Chancery Court put to...
February 20, 2012 -
Private Equity Firms Continue to Utilize Material Adverse Effect Provisions as a Device to Force Sellers to Renegotiate Agreements
Read moreA Material Adverse Effect (“MAE”) is a provision that is included in a negotiated agreement to allocate risk...
October 25, 2011