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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.

Fred Strasheim

Originally Presented:
November 13, 2013