Topic
Specific performance
76 published works
Labor Law Prof Blog
Oman on Specific Performance and the Thirteenth Amendment
Nathan Oman (William & Mary) has just posted on SSRN his article (forthcoming Minnesota L. Rev.) Specific Performance and the Thirteenth Amendment. Here's the abstract: Black-letter law declares that acontract…
M & A Law Prof Blog
Strine CCU Transcript
Strine CCU Transcript The last ten pages are a must read for p/e lawyers. It sets forth his views on specific performance (hint -- not surprisingly he doesn't think it…
Corporate & Securities Law Blog
Tennessee Court Orders Buyer to Complete Acquisition in Genesco Deal
No MAE Occurred Based on Merger Agreement Carve-Out On December 27, 2007 the Tennessee Chancery Court ordered sportswear retailer Finish Line, Inc. (FINL.O), to complete its purchase of Tennessee-based shoe…
M & A Law Prof Blog
Finish Line’s Interlocutory Appeal
Finish Line and UBS filed for an interlocutory appeal of their Tennessee action (download the appeal here ). A few tidbits: The trial date for the New York action is…
M & A Law Prof Blog
Genesco — the ambiguity of specific performance
Apparently in response to a Genesco motion to clarify, the Tenn. judge today issued this order. A few points:The judge rules that her recent opinion is not a final order…
M & A Law Prof Blog
URI/Cerberus: The Final Word
I think we now have a confident view of how the negotiation occurred. Throughout the contract negotiation process the Cerberus side made it clear at all times that its contracting…
Delaware Corporate & Commercial Litigation Blog
Specific Performance Claim Rejected
In United Rentals, Inc. v. RAM Holdings, Inc. (Cerberus ), (Del. Ch., Dec. 21, 2007), read opinion here, the Chancery Court rejected a claim for specific performance in a 68-page opinion…
M & A Law Prof Blog
On Hiatus Today/URI
I'll be on hiatus today. Hopefully, we'll have a decision by tomorrow on URI. I am very curious to see if Chandler finds that there was no common understanding of…
M & A Law Prof Blog
The Expert Opinion of John C. Coates, IV
In a bit of a coup for Cerberus, Prof. John C. Coates, IV has agreed to be their "deal structure" expert. Prof. Coates is a very well-respected law professor at…
M & A Law Prof Blog
URI: The Specific Performance Issue
Kevin Miller, an excellent M&A lawyer at Alston & Bird, has a post up on DealLawyers.com concerning the possibility of specific performance being ordered in the URI case. You can…