Month: September 2020

Tortious Interference in Business Contracts and Relationships

The free market can certainly be ruthless for small businesses. The competition, however fierce, has to be fair, though, and businesses who have recognized commercial relationships with other businesses deserve to operate within the scope of those relationships without a third party meddling in their affairs. Claims for breach of contract are fairly straightforward, but …

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When Can You Pursue Specific Performance as a Remedy?

Previously, we discussed the basics of the “substantial performance” doctrine in contract law. In that discussion, we saw how substantial performance functioned as a kind of excuse for an immaterial breach or imperfect performance, and that the non-breaching party was entitled to the difference in value arising from the breach. Substantial performance is just one …

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How Much is Enough: Understanding Due Diligence in M&A

Mergers and acquisitions can be complex, multi-faceted transactions. In addition to the myriad tax, legal, and financial considerations which impact M&A transactions, there is also the burden of conducting adequate research in order to verify information prior to closing. This pre-closing research is referred to as “due diligence.” Due diligence in M&A encompasses a wide …

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