M&A Reverse Breakup Litigation

Law360, New York (February 25, 2008, 12:00 AM EST) -- Increased market volatility and the rapid deterioration of the credit situation in the second half of 2007 have yielded an unprecedented number of broken deals. Halfway through last year, the credit markets looked strong. By the end of July that same year, experts were referring to the “credit crunch,” the impending subprime mortgage disaster, and the housing slump.

Breaking with tradition, some private equity firms were willing to pay large termination or “bust up” fees or take their chances in court to avoid closing transactions with...
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