Breacher Beware: Contract Damages in Delaware M&A Decisions

Jeff Wolters authored “Breacher Beware: Contract Damages in Delaware M&A Decisions” appearing in the Delaware Insider section of the April 2013 issue of the ABA’s Business Law Today.

The possibility of damages for breach of contract is sometimes overlooked—or if not overlooked, under-emphasized—in M&A transactions, where the legal focus is instead often on breach of fiduciary duty.  In a typical deal, however, the risk and consequences of a breach of contract may well be the more significant issue.  This article reviews several recent decisions that highlight breach of contract in the M&A context, including the award of both expectancy damages and injunctive relief to remedy such breaches.

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