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'Busted Deal' Disputes in the Wake of COVID-19

Stephen Brown-Okruhlik, Yvette Austin Smith, Sylvia Simson, and Professor Robert T. Miller

This Roundtable will explore the role of 'material adverse effect' clauses ... Rarely invoked 'material adverse effect' clauses and related provisions suddenly became the focus of deal parties and their legal counsel. It is important for M&A practitioners and their clients to understand how such provisions work and know the latest judicial guidance on when they are available.

Join moderator Stephen Brown-Okruhlik (Co-chair, M&A Litigation subcommittee and Partner, McMillan LLP, Toronto) and panelists Professor Robert T. Miller (University of Iowa College of Law), and Sylvia Simson (Partner, Greenberg Traurig, LLP, New York) as they discuss the role of 'material adverse effect' clauses and related provisions in M&A agreements during the pandemic. The panelists will discuss significant recent court decisions in 'busted deal' disputes, including the important role of expert evidence.

Sponsored by the Commercial & Business Litigation Committee