Barclay Damon LLP’s Post

In our latest Disputes Quick Read, Stuart Broom and Tom Charnley consider what constitutes 'reasonable detail' in a notice of claim for breach of warranty under a share purchase agreement: https://bit.ly/3zrxCRY #DisputesQuickRead #NoticeofClaim #Disputes #Investigations

Check out my latest piece in Bloomberg Law where I address a topic at the intersection of M&A and litigation. Many purchase agreements have two dispute resolution mechanisms: a general dispute resolution provision and one that sends accounting ("true-up") disputes to an independent accountant. Not infrequently, however, parties disagree about which one should apply. So there is a dispute about who should decide their dispute. That's a suboptimal outcome for clients. In the article, I propose a potential "fix" for this issue. Parties can simply agree to arbitrate the true-up process, but give the arbitrator the power to hire an independent accountant and issue an award after an expedited proceeding. This could streamline the process and avoid unnecessary jurisdictional disputes. I'm curious to hear your thoughts on this idea--particularly from my M&A and litigation colleagues. Comment below and share your feedback. #mna #litigation #arbitration #disputeresolution #accounting #BloombergLaw

In today’s tightly interwoven supply chains, delivery and performance problems can lead to costly disputes—and litigation, note Crowell & Moring’s Rebecca Chaney and Joe Lines, who suggest ways to resolve them. Read more in the #LitigationForecast:

The refusal to deal claim in antitrust is, at its core, a prohibition on discriminatory supply of an input to downstream buyers. In this Antitrust Chronicle, author Ramsi Woodcock (University of Kentucky), argues that All antitrust claims, from refusal to deal to mergers and collusion, amount to variations on this single proscription, and explains why the implications of eliminating the refusal to deal doctrine would force the elimination of all of antitrust itself... #antitrust #antitrustlaw #competitionlaw #economics #prohibition #buyers #refusaltodeal #business

Contract disputes can have devastating impacts, as seen in high-profile cases like Apple vs. GT Technologies and the Volkswagen supplier standoff. While these examples might seem rare, a recent survey found that 58% of corporate lawyers have dealt with contract-related litigation. 🔗 Read the full article here: https://lnkd.in/eHDkFfk6 💬 How do you approach dispute prevention in your supply chain? #SupplierManagement #ContractDisputes #Procurement #SupplyChain

In today’s tightly interwoven supply chains, delivery and performance problems can lead to costly disputes—and litigation, note Crowell & Moring’s Rebecca Chaney and Joe Lines, who suggest ways to resolve them. Read more in the #LitigationForecast:

In today’s tightly interwoven supply chains, delivery and performance problems can lead to costly disputes—and litigation, note Crowell & Moring’s Rebecca Chaney and Joe Lines, who suggest ways to resolve them. Read more in the #LitigationForecast:

In today’s tightly interwoven supply chains, delivery and performance problems can lead to costly disputes—and litigation, note Crowell & Moring’s Rebecca Chaney and Joe Lines, who suggest ways to resolve them. Read more in the #LitigationForecast:

In today’s tightly interwoven supply chains, delivery and performance problems can lead to costly disputes—and litigation, note Crowell & Moring’s Rebecca Chaney and Joe Lines, who suggest ways to resolve them. Read more in the #LitigationForecast:

Curious about the common pitfalls in negotiating a purchase price adjustment? We help break it down. From timely delivery issues to defined terms confusion, learn how to navigate the post-closing period. #BusinessInsights #MandA