Kylie Marshall

October 15, 2023 | New York Law Journal

In this article, Andrew Lucano and Moshe Berliner delve into fresh data gleaned from an exhaustive survey of hundreds of middle market private target acquisition agreements, in an effort to unearth the prevailing market deal terms that define this dynamic.

By Andrew Lucano and Moshe Berliner

8 minute read

October 13, 2023 | New York Law Journal

Although the current M&A landscape remains firmly in favor of buyers, presenting challenges for sellers who are contending with buyer-favorable deal terms and a disconnect in valuation expectations, signs of a slowly recovery are emerging.

By Michael Okaty and Talita Duarte

8 minute read

October 13, 2023 | New York Law Journal

Macroeconomic headwinds and interest rates increases have slowed M&A markets during the last year. To find ways to transact in this environment, buyers and sellers are increasingly looking to investment bankers and legal counsel to offer creative ways to bridge the gap on value.

By Justin Macke

8 minute read

October 13, 2023 | New York Law Journal

This article addresses how private equity companies need to understand and proactively manage the privacy and security practices of their portfolio companies to maximize the value of their investments.

By Catherine Castaldo and Anthony Diana

7 minute read

October 13, 2023 | New York Law Journal

On June 6, 2023, three established professional golf entities announced a landmark agreement "to unify the game of golf, on a global basis." However, the legal infirmities plaguing this proposed agreement are not subtle, and it has drawn the attention of the Department of Justice, Antitrust Division.

By Paul M. Kaplan

9 minute read

October 13, 2023 | New York Law Journal

In recent years, M&A practitioners have come to realize that the simple word "fraud" is not so simple after all and, depending on certain factors, alleging fraud could give a buyer a much wider end run around the indemnification package limitations than was realized or intended.

By Lee J. Potter Jr. and Steven G. Perelman

8 minute read

October 13, 2023 | New York Law Journal

People have an inherent impulse toward empathy. That drive can be nurtured or squelched during any legal process. This article presents a discussion on conflict and suggests how attorneys would be wise to learn from mental health professionals about how to best serve clients with empathy, attention and respect.

By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel

7 minute read

October 13, 2023 | New York Law Journal

A decision out of the Southern District of New York addresses what happens when parties to a dispute negotiate a draft settlement agreement, one party makes changes to the draft, the other party accepts those changes and requests a signature, but the party who had proposed the changes doesn't sign the document.

By Thomas E.L. Dewey

10 minute read

October 12, 2023 | New York Law Journal

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee dismissed a complaint to compel arbitration for lack of jurisdiction. Judge Nicholas G. Garaufis granted the government's motion to garnish funds from an inmate trust account. Judge Frederic Block granted in part and denied in part defendants' motion to dismiss claims under §1983 and the New York Labor Law.

By Samuel Butt and Thomas Kissane

10 minute read

October 12, 2023 | New York Law Journal

Section 1202 of the Internal Revenue Code provides substantial benefits to non-corporate shareholders of certain C corporations. Clients should be aware of the benefits and risks associated with forming or acquiring different types of entities.

By Michael B. Kaufman and Joseph A. Giglio

6 minute read