JD Supra

Delaware Court Finds That a Reverse Triangular Merger Does Not Result in an Assignment by Operation of Law

In Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH the Delaware Court of Chancery confirmed that a reverse triangular merger did not result in an assignment by operation of law. This affirms the ...
Law

The End of the Road for Triangular Setoffs?

Yet another blow has been dealt to the enforceability of netting agreements against a bankrupt counterparty. In a recent decision by Judge James Peck, In re Lehman Brothers Inc., the U.S. Bankruptcy ...
JD Supra

Delaware and California Courts Split as to Whether a Reverse Triangular Merger Results In an Assignment By Operation of Law, Creating Potential Pitfalls for Delaware and Other ...

In Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A. No. 5589-VCP, 2013 WL 911118 (Del. Ch. Feb. 22, 2013, rev. Mar. 8, 2013), the Delaware Court of Chancery held that a reverse triangular ...
The Business Journals

Triangle Law Firms

Check out the list of the largest Law Firms in the Triangle. A new version of this list is available. View the most recent version Ranked by No. of employee benefits ...
Law

Navigating a Triangular Setoff Through Safe Harbors

Section 553(a) of the Bankruptcy Code preserves a creditor's prepetition right to setoff. Courts have strictly construed Section 553(a) to limit the preservation of setoff rights to claims and debts ...