The latest episode of the Delaware Corporate Litigation Insights Podcast features M&A deal lawyer Michael Platner, who discusses when deals go bad and the most common provisions of an agreement that are often litigated, such as: earnouts, indemnification, and allegations of misrepresentations. These cases are common fare in the Delaware Court of Chancery and the Delaware Superior Court’s Complex Commercial Litigation Division.
It can be helpful for litigators to hear insights about the genesis of these cases and how the disputes originate. To paraphrase an insight from Michael: an earnout provision may be described in some instances as a disagreement about the price of the deal that the parties agree to litigate later.
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