Post Closing Remedies: Making Omelets Into Eggs

Law360, New York (October 27, 2008, 12:00 AM EDT) -- One of New York's foremost competition counselors, Yogi Berra, inscrutably pronounced that "It ain't over till it's over." Transactional lawyers usually conclude that a deal is "over" when the definitive documents are inked, the wire transfers are received, and another Lucite trinket adorns their trophy shelf.

Competition lawyers, however, know otherwise. Sometimes a regulatory challenge is mounted after a deal is closed, with an aim to unwind the deal or, for deals in which the sellers (and the cash) are long gone, force the buyer to...
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