In the fourth episode, Sachin Trikha and Harriet Martin unpick the issues around one of the biggest decisions you might have to make under a contract: whether or not to terminate. On what grounds can you terminate a contract? And, importantly, what are the implications if you get it wrong? This episode is peppered with lots of interesting real life examples – showing just how often these issues come up in practice.
In the third episode in our mini podcast series, Sachin Trikha and Harriet Martin discuss the powerful tools used in M&A deals to protect parties (mostly sellers) from having to cover the full extent of their counterparty's loss in the event of a breach.
In the second episode of our M&A On Trial podcast series, Sachin Trikha and Harriet Martin tackle the burning question in everyone's minds in the event of a breach: what is the loss? What does it mean in practice if you only have a damages claim, particularly if you're the buyer and you've discovered a breach of warranty? What are your options if payment of cash isn't enough to address the breach? And what should you look out for if you want to introduce a break fee or similar "liquidated damages" clause to try to incentivise your counterparty to behave in a certain way?
In the first episode of our M&A On Trial podcast series, Sachin Trikha and Harriet Martin discuss when all the chatter that happens in and around M&A deals can have a real-life legal impact. What are the risks when making statements about a target business in the due diligence and management presentations phase – and how has market practice evolved to mitigate these risks? Should you worry about drafts of documents being used against you in court or tribunal? And how about when it comes to actually implementing the SPA once it's signed?