Mackenzie Wrobel of Duane Morris (Photo: Courtesy Photo) Decision Is a Reminder of Limits on Integration Clauses in Matters Arising From 2021 Deal Days
The decision saved threatened claims from a motion to dismiss and is a timely reminder of the limits on integration clauses during a time when corporate and commercial litigators are seeing an uptick in matters arising from acquisitions completed during the busy deal days of 2021.
October 18, 2023 at 09:02 AM
6 minute read
Contributors
A recent decision by Judge Meghan A. Adams, sitting by designation as a Vice Chancellor of the Court of Chancery of the state of Delaware, in Adviser Investments v. Powell, C.A. 2022-1149-MAA (Del. Ch. Sept. 29, 2023), serves as one of the more recent and pointed decisions from the court on a plaintiff's ability, in certain cases, to rely on extra-contractual statements in support of a post-acquisition fraud claim despite the existence of a contractual integration clause. The decision saved threatened claims from a motion to dismiss and is a timely reminder of the limits on integration clauses during a time when corporate and commercial litigators are seeing an uptick in matters arising from acquisitions completed during the busy deal days of 2021.
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