Claims concerning breach of NDAs and MoUs
Enforcement of exclusivity agreements and break fees
Disputes arising from
Failure to complete, including concerning satisfaction of conditions precedent
The scope of the seller’s pre-contractual duties of disclosure
The exercise of any termination right
Claims for breaches of warranties and indemnities
Misrepresentation claims, including fraud
Disputes arising from price-adjustment mechanisms
Claims for breaches of conduct of business obligations
Claims concerning breaches of non-compete or non-solicitation clauses
Lengthier time periods (including due to regulatory scrutiny) and increasing frequency of disputes