Barbara L. Borden

Oct 24, 2024 | lexology.com | Barbara L. Borden |Jenna Miller

There’s an old saying – “Sticks and stones may break my bones, but words will never hurt me.” While this mantra may help bruised egos on the playground, it’s of no use in M&A disputes. Three recent Delaware Court of Chancery rulings on earnout disputes demonstrate that the contractual post-closing obligations of the buyer (along with specific facts) may be outcome determinative in earnout litigation. In both Fortis v. Johnson & Johnson (Del. Ch., September 2024) and SRS v.

Sep 20, 2024 | jdsupra.com | Barbara L. Borden |Izzy Lubarsky |Jenna Miller

Just like the romantic union of global pop superstar Taylor Swift and Super Bowl champion Travis Kelce, in the business world, combinations of similarly sized companies – or so-called mergers of equals – can yield positive benefits if executed with care[1].

Sep 16, 2024 | lexology.com | Barbara L. Borden |Jenna Miller |Benjamin “Izzy” Lubarsky

Just like the romantic union of global pop superstar Taylor Swift and Super Bowl champion Travis Kelce, in the business world, combinations of similarly sized companies – or so-called mergers of equals – can yield positive benefits if executed with care[1].

Apr 8, 2024 | jdsupra.com | Ben Beerle |Barbara L. Borden |Tijana Brien

Delaware courts recently issued important decisions that impact M&A dealmakers and lawyers. In this post, we dive into two cases that serve as a reminder that Delaware grounds review of corporate actions in statutory requirements and not market practice, no matter how prevalent.

Apr 5, 2024 | lexology.com | Barbara L. Borden |Ben Beerle |David Silverman |Tijana Brien |Tim Cook |Jenna Miller

Delaware courts recently issued important decisions that impact M&A dealmakers and lawyers. In this post, we dive into two cases that serve as a reminder that Delaware grounds review of corporate actions in statutory requirements and not market practice, no matter how prevalent.