Contracting to Avoid Tort-Based Punitive Damages Awards Glenn West on February 20, 2019Posted in Features, Glenn West Musings, Insights, Legal Developments, What's New on the Watch?
The Zebra versus Striped Horse Phenomenon Rears its Head Again—Distinguishing an Expert Determination from an Arbitration Glenn West and Miae Woo on February 13, 2019Posted in Features, Glenn West Musings, Insights, Legal Developments, What's New on the Watch?
Portfolio Company D&O Insurance—Are the Director Designees of PE Owners Actually Covered? Gabriel Gershowitz, Robert Carangelo and Glenn West on January 2, 2019Posted in Features, Glenn West Musings, Insights, Legal Developments, What's New on the Watch?
Icebergs in Your Contract—Undefined Fraud Carve-outs Continue to Produce Peril for Innocent Private Equity Sellers Glenn West on December 17, 2018Posted in Features, Glenn West Musings, Insights, Legal Developments, What's New on the Watch?
Words Matter—Even Deleted Ones in a List of Potentially “Redundant Synonyms” from a Prior Draft Glenn West on December 5, 2018Posted in Features, Glenn West Musings, Insights, Legal Developments, What's New on the Watch?
While Time Marches On—Breach of Representations & Warranties, Survival Periods, and New York’s Statute of Limitations Glenn West on November 5, 2018Posted in Features, Glenn West Musings, Insights, Legal Developments, R&W Insurance, Trends, What's New on the Watch?
A Delaware Case Has Finally Determined That There is Such a Thing as a “Material Adverse Effect” Glenn West on October 8, 2018Posted in Features, Glenn West Musings, Insights, Legal Developments, What's New on the Watch?
Recent Regulatory Announcement May Increase Leverage Levels on Buyout Loans Andrew Colao and Catherine Kim on October 3, 2018Posted in Features, Insights, Legal Developments, Private Equity Finance, What's New on the Watch?
A Delaware Supreme Court Footnote Reignites Concerns about the Reliability of Contractual Representations & Warranties–Are Deal Lawyers Really Going to Start Debating Sandbagging Again? Glenn West on October 1, 2018Posted in Features, Glenn West Musings, Insights, Legal Developments, Purchase Agreements, Topics, Trends, What's New on the Watch?
Avoiding a Dog’s Breakfast—Some Timely Reminders of How to Effectively Limit the Universe of Purported Representations upon which Fraud Claims Can be Made Glenn West on August 13, 2018Posted in Europe, Features, Glenn West Musings, Insights, Legal Developments, U.K., What's New on the Watch?
