When A Merger Is Not A Merger

Law360, New York (November 9, 2011, 7:03 PM EST) -- A recent New York case highlights the importance of complying with statutory requirements when implementing mergers.

Preston v. APCH Inc. was decided by the Appellate Division of the New York Supreme Court, Fourth Department, an intermediate appellate court, on Oct. 7, 2011. It involved claims by the estate of a welder who died in an industrial accident at a plant in western New York.

At the time the fatal accident occurred in 2008, the welder was an employee of Alstom Power Inc., a Delaware corporation. APCH...
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