Mergers & Acquisitions
3 articles tagged with "Mergers & Acquisitions".
The Four-Corners Fundamentalism: Delaware Courts Crack Down on Earnout Overreach and Busted Deals
Valuation gaps in mergers and acquisitions are routinely bridged by a familiar, often dangerous tool: the earnout. When buyers and sellers cannot agree on what a target is worth, they kick the can down the road, conditioning future payouts on regulat...
The Death of Revlon for PBCs: Delaware Chancery Blesses the Ultimate Anti-Takeover Shield
The Sacred Cow of Delaware M&A Just Got Slaughtered For nearly forty years, the fundamental commandment of Delaware corporate law during a change of control has been absolute: when a company is up for sale, the board of directors must abandon all oth...
Delaware's 2026 Counter-Revolution: The Supreme Court Re-Empowers Boards and Founders While SCOTUS Preserves SEC Disgorgement
The Pendulum Swings Back to the Boardroom If 2024 and 2025 were the years the Delaware Court of Chancery aggressively policed corporate governance and restricted founder control, 2026 is the year the Delaware Supreme Court firmly hit the brakes. In a...
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