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Current Issues in M&A Law and Practice


This webinar will provide an overview of current issues affecting mergers and acquisitions law and practice. The presenter will address the following topics:

Practical Considerations in Drafting and Negotiating Earn-Out Provisions -- This presentation will provide an overview of the use and abuse of earn-out provisions and provide tips for how to minimize the chances of post-closing earn-out disputes.

Successor Liability in Asset Transactions – Under traditional rules, a purchaser that buys the assets of a business is generally not responsible for the seller’s liabilities unless expressly assumed. This presentation includes a review of recent case law expanding the “federal successor liability” doctrine in asset sale transactions, a reminder of selected other areas where successor liability for asset purchasers has been expanded by statute or case law and methods to limit this successor liability.

Protecting Privileged Communications After a Deal – This presentation will provide a summary of relevant case laws related to merger-related attorney-client privileged communications and provide tips as to how the seller can contractually exclude such communications from the deal.

CLE credit is no longer available for this recording.

Fred Strasheim

Originally Presented:
November 13, 2013