Litigation, M&A Partners Team Up to Provide Insight on Recent Delaware Litigation Developments in Law360
Business & securities litigation partner David Hennes (New York) and mergers & acquisitions partner Paul Scrivano (San Francisco/New York) are quoted in an April 10 Law360 article spotlighting developments in the most important M&A litigation cases from the first quarter of 2017.
In the article, titled “Delaware Rundown: What You Missed in Q1,” Mr. Hennes and Mr. Scrivano comment on the implications of the Delaware Supreme Court’s ruling in The Williams Cos. Inc. v. Energy Transfer Equity LP. Mr. Hennes explains that the decision demonstrates the challenge involved in proving that the failure of a condition to closing was caused by bad faith conduct. Mr. Scrivano provides insight from a transactional perspective, noting that in the wake of ETE-Williams, a party to a deal will be unlikely to agree to conditions that the counterparty could engineer a failure of, such as a condition that the counterparty’s adviser deliver an opinion.