This comprehensive resource discusses what dealmakers need to understand to craft an effective earn-out, including structuring and valuation considerations.
Articles and Features
My day-to-day responsibilities as a public biotech company GC largely fall within three categories: leadership, management, and the practice of law.
The Rule of Law Working Group is promoting an initiative to talk with a business client or group about a topic related to our legal system for Law Day.
Caution: Committee Communications Causing Chaos—Ethical, Legal, and Strategic Considerations for Counsel in Chapter 11
Neiman Marcus’ Chapter 11 case illustrates an issue often faced by practitioners and their clients serving as members of a creditors’ committee.
Though AI is more likely to aid than replace attorneys in the near term, it's begun to be used to help draft contracts and predict legal outcomes.
The MultiPlan Corp. litigation—the 1st time DE courts have applied fiduciary duty principles in a SPAC context—has interesting D&O insurance implications.
Seventh Circuit Strikes Down Delaware Forum Selection Clause and Clears Path to Federal Court for Securities Exchange Act Claims
The Court chose not to follow other federal courts that have enforced such clauses to effectively bar shareholders from bringing Exchange Act claims.
When faced with a difficult valuation, there are a few key resources and considerations attorneys can use to wrap their heads around questions they face.
An opinion that an extension of credit does not violate margin regulations will turn on whether it is purpose credit or indirectly secured by margin stock.
The economic contraction in 2020 corresponded with a sharp decline in Chapter 7 filings, rather than an increase as the historic relationship would predict.
Directive (EU) 2019/2121 will bring beneficial changes to legal frameworks for EU cross-border transactions but will come with more stringent requirements.
Patent law has many nuances, discussed in this overview of common issues businesses face in connection with development and protection of new technology.
For the 600+ SPACs looking to find their targets, cases like the MP Materials lawsuit should serve as a roadmap of how to avoid unnecessary litigation.
A key question in the sports wagering industry is whether the Wire Act prohibits placing bets via Internet communications that start & end in the same state
A lawyer’s general understanding of retainers, and the legal and ethical implications of retainers, may be wrong in the context of bankruptcy cases.
An examination of the Biden Administration’s proposed changes to taxation of multinational corporations, from the GILTI regime to the the SHIELD proposal.
This article suggests new interactions between leaders and led, all designed to attract and retain talent, a necessary competitive advantage for any firm.
As leaders navigate talent wars and heavy workloads (often with limited budgets), more agile staffing solutions are complementing permanent hiring.
Whatever situation precipitated the need for a business divorce, there are four items that must be addressed before diving headlong into the process.
An all-in-one system that combines practice management, accounting, and automated payments supports efficiency and client experience.
Biometric Information Privacy Act – Critical Interactions with Workers’ Compensation Act and Collective Bargaining Agreements: Two Recent Court Decisions Provide Insight
Feb. 2022 saw several court decisions concerning the IL Biometric Information Privacy Act, including how it reflects on collective bargaining agreements.
March 2022 Bankruptcy and Finance updates: Goods, Services & Bankruptcy Code Section 503(b)(9)—Questions about administrative claims related to contracts for services involving delivery of goods were…
March 2022 Business Litigation & Dispute Resolution updates: Delaware Court of Chancery Confirms Delaware Is a “Sandbagging State,” Delaware Courts Face Weighty Choice of Law Questions, and more.
March 2022 Business Regulation & Regulated Industries updates: LIBOR Act Provides Answers, Safe Harbor for Lenders; Updated UDAAP Guidance; and more, from consumer data privacy to property appraisal.
March 2022 Mergers & Acquisitions Law updates: Delaware Chancery Court Refuses to Apply Cleanup Doctrine to Enforce Release of Escrow Funds, and three more significant cases.
March 2022 Securities Law updates: SEC Proposes New Public Company Cybersecurity Disclosure Rules, SEC Issues Climate Disclosure Proposal, SEC Proposes to Exorcise the Investment Grade Rating Exempti…