Month: September 2026

An acquiring company made a take-private acquisition with the help of conflicted insiders. Stockholders in the target sued the board for its conflicts. In Seetal Dodiya v. Michael E. Franklin, et al., decided on August 26, 2026, Delaware Vice Chancellor Will denied the motion to dismiss claims against Whole Earth Brand’s CEO and board chairman but…

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The topic of personal jurisdiction is often a faint 1st year law school memory to the transactional lawyer. A recent Delaware case instructs why it should not be. In Altigen Communications, Inc. v. Day, decided on August 21, 2026, Delaware Vice Chancellor Laster dismissed an acquirer’s suit against the founder on procedural grounds, namely for lack…

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An acquiring company misrepresented its financial position to induce the target into placing a portion of the sales price into rollover equity. PE fund Boathouse Capital purchased cybersecurity company InfoSec Learning, Inc. (InfoSec) in 2023 via a combination of cash, earnouts, and equity in Boathouse Capital’s acquiring portfolio company ACI Learning Holdings, LLC (ACI)…

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Every business decision invites risk into the organization. A checklist helps company leadership accurately catalog, assess, and reduce that risk exposure…

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PE firm H.I.G. Capital (HIG) created platform prison healthcare provider Wellpath and began its roll-up strategy. It missed a $17.5MM deferred cash payment in one of its acquisitions…

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