Archives: Mergers & Acquisitions

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Second Circuit Gives Green Light to Foreign Litigants Seeking Discovery in the U.S.

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 … Continue Reading

Fraud Claims in M&A Deals Can Be Viable in Delaware

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 … Continue Reading