Contracts
Mergers & Acquisitions Steps to Success

Mergers & Acquisitions Steps to Success

Davis|Kuelthau Corporate and M&A attorney, Kevin Eismann teamed up with industry leaders to share valuable information about how the M&A market has changed because of COVID. Click here to watch a recording of the webinar. The world has changed a lot in the wake of the pandemic. Businesses of all sizes and in all industries are evaluating what their future looks like as the impact of...

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Don’t Let Your Supply Chain Run Aground

Don’t Let Your Supply Chain Run Aground

By: Timothy J. Feldhausen On March 23, 2021, the container vessel Ever Given, one of the largest container ships in the world, grounded in the Suez Canal for nearly 5 days, blocking traffic through one of the busiest and most important commercial sea lanes in the entire world.  The cost of this single incident is being measured in billions of dollars.  Nearly 30 years ago, I made four transits...

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Companies Should Not Overlook the Importance of Their Contract Terms and Conditions

Companies Should Not Overlook the Importance of Their Contract Terms and Conditions

Sales are negotiated and consummated between companies every day. What can often get overlooked in transactions are the terms and conditions within the variety of documents being exchanged between the contracting companies. At minimum, a purchase order and a sales order are likely to be exchanged and typically include terms and conditions. However, if you do not have detailed, product-specific,...

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Mitigating Merger & Acquisition Risks in the Era of COVID-19

Mitigating Merger & Acquisition Risks in the Era of COVID-19

Deals can be complicated and adding the COVID-19 pandemic to the mix certainly hasn’t made it easier to buy or sell a business.  As the pandemic continues to create uncertainty for businesses, buyers and sellers can take steps now to mitigate risk in their transactions.  Aside from taking the appropriate precautions to stop the spread of COVID-19, business owners should consider how they plan to...

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Nonperformance of Contracts: Understanding the Impossibility Defense

Nonperformance of Contracts: Understanding the Impossibility Defense

With the advent of COVID-19, many are seeking relief under the impossibility defense or attempting to enforce a contact against a party that is looking to avoid its obligations. It is important to know the policy behind that defense. It is also important to understand that policy when you are negotiating, drafting and reviewing contracts you will enter into in the future. Early cases involving...

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Don’t Let Your Supply Chain Run Aground

Get Closer With Your Contracts During the COVID-19 Pandemic

By: Timothy J. Feldhausen Contracts with customers, vendors, or other parties are a normal part of doing business.  Most businesses are party to numerous contracts and although it may seem that contracts are fairly standard documents, the reality is that each individual document is its own legally binding arrangement.  The parties to contracts often customize the arrangements to suit the...

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To Keep Your Real Estate Deals Moving, Consider a Pause Provision

Within less than a month, the outbreak of COVID-19, and government countermeasures deployed to blunt its effect, has brought a vibrant economy grinding to a halt. In particular, what was a lively commercial real estate market buttressed by strong economic fundamentals, only weeks ago, is beginning to slow due to the uncertainty caused by the pandemic. At the individual deal level, parties are...

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Anticipatory Breach of Contracts May Become More Common in a Time of Uncertainty

Anticipatory Breach of Contracts May Become More Common in a Time of Uncertainty

By: Timothy J.  Feldhausen The term “anticipatory breach” or “anticipatory repudiation” does not come up very often outside of the courtroom, but in this time of COVID-19 and disrupted supply chains around the world, it deserves a closer look.  Anticipatory breach occurs when a party to a contract demonstrates, either through its words or its actions, that it does not intend to comply with one...

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Proceed, Pause or Be Damned?  Immediate Construction Contract Considerations for Owners and Contractors

Proceed, Pause or Be Damned? Immediate Construction Contract Considerations for Owners and Contractors

By: Matthew R. McClean COVID-19 is causing many of us to alter expectations. Many in the construction industry are confronting this reality and need to prepare for the potential legal implications. Construction businesses are looking at three significant, interrelated issues from virus’ impact: labor (having healthy, able workers available in the time of social distancing and keeping them safe);...

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Emergency Use of Remote Online Notarization

By: Joseph E. Tierney IV Update: The Department of Financial Institutions (DFI) issued emergency guidance on remote notarizations last week.  Such emergency guidance referenced certain types of estate planning documents and included citations to state statutes addressing certain types of estate planning documents.  The Department has reconsidered its initial guidance and, as of March 20, 2020,...

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