Archive - January 2012
PLR 201152010: Damages Arising from the Acquisition of Target Treated as Return of Capital January 16, 2012
When representing investment funds, and particularly private equity funds which often engage in large buy or sell side M&A deals with significant sums of money at stake, it is not uncommon that a deal gets contentious. A fund could find itself in a number of interesting predicaments when it is participating as a purchaser in an auction process where the target happens to be a very lucrative asset sought after many bidders. Sometimes there could be company internal or external interests, such as disgruntled minority shareholders, that are pushing for an increase of the final purchase...