In a prior post, we highlighted a few trends that could spell the end of Chapter 11 bankruptcies for large businesses. Essentially, these enterprises have levered their assets in a way that makes the business difficult to reorganize because so many other unrelated...
Recently, the California Court of Appeal ruled that an automobile dealership that translated a sales contract into Spanish, but neglected to include the arbitration clause in the translated agreement, could not enforce the arbitration agreement. In Ramos v. Westlake...
Many of our posts have highlighted the boom of mergers and acquisitions this year as the convergence of “cheap” money, tax benefits and potential shareholder benefits have led many companies to purchase competitors or complimentary enterprises. Indeed, a...
When Congress approved the current Chapter 11 bankruptcy law in the late 1970s, it was imagined that this part of the code would allow distressed businesses to leverage economic and legal interests in their companies so that they may attract buyers that would infuse...
A few weeks ago, we highlighted what was suspected to be high level discussions about a merger between drug making giant Pfizer and Allergan. The proposed merger would lead to the world’s largest drug maker, and would the merger would be valued at nearly $160...
Many companies considered mergers and acquisitions this year; some were successful and others were not. Regardless of how many actually go through, the increase in mergers and acquisitions will continue next year, according to the Global Capital Confident Barometer...
Besides a dip in revenue and the specter of business slowdowns, business owners are most likely concerned about lawsuits against their companies. After all, the costs of defending a lawsuit are likely just as expensive as being liable for civil judgments....
In a number of our posts this year, we have highlighted the trends and perils of mergers and acquisitions. Of course, not every acquisition turns out to be fruitful, and not every transaction occurs without disputes that turn into lawsuits.Because of these risks, it...
Earlier this year, we marveled at the pace of mergers and acquisitions in 2015. Essentially, companies were joining forces or being bought at a record pace. Because of how many transactions had occurred, we wondered whether the pace would continue; especially...
While the American economy has questions as to whether improvement is coming, one thing is certain. Retailers that seek bankruptcy protection are more likely to fail than to businesses in other industries. The stories of failed businesses that go through bankruptcy...