July 22, 2016

In this article, Jenner & Block Partner Stephen L. Ascher and Associate Andrew J. Lichtman examine a party’s ability to sue for specific performance when its counterparty refuses to close an M&A transaction.  The authors write that in drafting M&A contracts, parties should plan for that risk, especially in these volatile markets.  “Fortunately for parties confronting this scenario, courts have been receptive to demands that the party threatening not to close should be forced to close against its will, i.e., to requests for specific performance of the M&A agreement,” they observe.