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McKool Smith principal Gayle Klein provided commentary to Bloomberg Law's article “Virus-Related Merger Breakdowns Draw Suits Trying to Force Deals.” The article discusses how M&A deals will likely be impacted by the coronavirus. “Forcing someone to buy a company when circumstances have dramatically changed will have dramatic impacts on a business,” said Gayle. “I think courts are going to be very careful before awarding that kind of relief.” Gayle also foresees suits seeking to compel specific performance of a merger are likely on the way. If a transaction would obviously drag down the acquirer, that company may choose to engage in an “efficient breach” because of its obligation to the shareholder. Read the entire article here.


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