Taft partner Chris Brown recently authored “2 Del. Rulings Show Postclosing Earnout Arrangement Risks,” published by Law360 on Nov. 6.

The article shares insights on the contractual and fiduciary risks associated with earnout provisions in mergers and acquisitions, highlighting two recent Delaware Court of Chancery decisions. The article also examines how clearly defined postclosing operational authority, management incentives, and contractual obligations can help buyers and sellers mitigate disputes and protect business interests during earnout periods.

To read the full article, click here (subscription required).

Brown is a partner in the litigation practice group with experience in Securities Litigation, M&A Litigation, Bankruptcy Litigation, Antitrust, and Tax Controversy.