Mergers & Acquisitions

As cross-border business continues to grow, litigation too is increasingly crossing borders. In a recent decision addressing several issues of first impression, the U.S. Court of Appeals for the Second Circuit opted to aid international litigants, interpreting Section 1782 of Chapter 28 of the United States Code to allow discovery in aid of foreign proceedings

Parties drafting contracts governing M&A transactions should heed the recent guidance of Delaware courts to ensure their intent will be enforced.  The presence of a merger or integration clause in an M&A contract may not preclude fraudulent inducement claims based on oral misrepresentations made before the parties entered into the contract.

For example, in the