Deals on the Rocks

Mark Cahill on Companies Canceling or Postponing Deals in Current Economic Crisis

The Deal

 | January 29, 2009

 | Mark D. Cahill

Mark Cahill, partner and chair of litigation, wrote “Deals on the Rocks” in The Deal magazine in which he reviewed how companies looking to cancel or postpone a deal can prevent exposure given the current economic crisis.  Mr. Cahill focused on several main areas that require special attention and caution if a company is to be prepared for litigation should it arise in the context of its deals and that may help companies avoid litigation altogether: 

  • course of conduct
  • closing contingencies or MACs
  • specific performance issues
  • liquidated damages and damages caps
  • the rules of engagement.




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