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Insights: The Delaware Edition - December 2023

JD Supra: Mergers

In this issue, we discuss recent Delaware court developments regarding officer liability, who can recover “lost-premium” damages, and trends in books and records actions, among other topics. By: Skadden, Arps, Slate, Meagher & Flom LLP

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M&A Trends and 2024 Outlook from Industry Experts

Midaxo

Among the topics discussed were shifting M&A strategies, artificial intelligence, antitrust dynamics, assessing and advancing M&A targets, and divestiture. Missteps by the integration team after close could irreparably damage trust. Below, we’ve collected some key takeaways from the conference.

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Indemnity Baskets

What's Market

In addition to representations and warranties, M&A purchase agreements generally include indemnification provisions, pursuant to which any given party (indemnitor) agrees to defend, hold harmless, and indemnify the other party or parties (indemnitees) from specified claims or damages. There are two main types of indemnity baskets.

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Carrot or stick? How the EU plans to reduce reliance on UK CCPs for derivatives clearing

The TRADE

Among the key topics discussed during Tuesday’s IDX panel exploring the future relationship between the UK and Europe was derivatives clearing post-Brexit, in particular relating to Euro denominated swaps. Active account requirements for swaps clearing proposed under Emir 3.0 There is a carrot option but sometimes you need other measures.”

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Representations & Warranty Insurance

What's Market

In partnership with Bloomberg Law, Dan has developed a series of 25 articles looking at these trends, on a topic-by-topic basis, providing practical insight into where these trends are heading, and the relevant implications for M&A deal professionals.

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Sales Returns And Allowances

Wall Street Mojo

When customers accept damaged products in return for a discount on the selling price, these accounting entries are made. When customers receive damaged products, they typically ask for refunds or wish to be compensated via suitable discounts. Table of contents What Are Sales Returns And Allowances?

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ESG Litigation: Derivative Claims Against Directors: Q&A

Cleary M&A and Corporate Governance Watch

The Dutch Court did not hold Shell liable for past damages, although failure to comply with the judgment will give rise to damages. Continuous education on these evolving topics for directors is key to demonstrate a level of sophistication during critical exchanges (for example, with underwriters, investors, etc.).