Delaware Chancery: No Fiduciary Duty To Maximize Earn Out In AcquisitionsRead more
Fiduciary duties typically require one to act in the best interests of their beneficiary, even if those interests may...April 15, 20190
Will Big Blue’s New Red Hat be a Good Fit?Read more
On October 28, 2018, IBM announced its plan to acquire software developer Red Hat for $34 billion in cash....
Challenges of Ecommerce in IndiaRead more
India’s growing ecommerce market has recently been the target of large investments. On Tuesday, October 28, 2013, SoftBank, a...
Burger King-Tim Hortons Merger: Another Corporate Desertion or Good Business Strategy?Read more
In late August, Burger King announced that it intended to acquire the Canadian coffee and donut chain Tim Hortons...
Divergent Incentives in Secondary Buyout Transactions Cause Limited Partners to Shoulder Downside Risk AloneRead more
Over the past year secondary buyout transactions have become the increasingly common move of primary private equity fund managers...
The Intersection of Private Equity and ERISA after Sun CapitalRead more
In July 2013, the U.S. Court of Appeals for the First Circuit ruled in Sun Capital Partners III, LP v....
Increased Interest in Co-Investment Rights: Justified or Not?Read more
Since the Economic Recession of 2008, it has been more difficult for private equity firms to secure capital commitments...
The Collateral Effects of Tesla’s Proposed $5 Billion Battery PlantRead more
Much ink has been spilled in recent weeks regarding Tesla Motor’s announced plans to build a $5 Billion battery...
It May Be Time to Revisit Institutional Shareholder ActivismRead more
Institutional shareholder activism has often been viewed as a positive corporate governance tool to ameliorate shareholder collective action problems...
In Re Lyondell Chemical Company, The Long Arm of a Failed LBORead more
To the interested observer of private equity, a typical leveraged buyout follows a relatively predictable sequence. Most buyouts begin...