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Reverse Break-up Fees in Strategic M&A Transactions Good Idea orFiduciary Obligation? By Uri Litvak Published in The Corporate Counselor Volume 30, Number 8 • November 2015

Reverse break-up fees, also known as reverse termination fees (RTFs), became more widely adopted as deal risk allocation mechanisms in the M&A context as part of the wave of contractual innovation that took place in the aftermath of the last financial crisis. In light of recent case law in this area and the prospect of another economic downturn in the years ahead,RTFs deserve a fresh look. This article analyzes: 1) ...

Los Angeles Business Journal

About a month after Santa Monica media company Web Xu Inc.‘s plan to acquire nearby marketing firm Media Trust Performance Marketing Inc. fell through in 2013, it was slapped with a $45 million breach-of-contract lawsuit. But last month, after a long and expensive legal battle, a Los Angeles Superior Court judge confirmed a $700,000 arbitration award in favor of Web UX.
Read the full story in the LA Business ...

$45 Million Claim Against Directors and Officers of WebXU, Inc. Defeated on All Counts by Litigation Team led by Uri Litvak; $700,000 Awarded On Counterclaim and in Fees and Costs

NEWPORT BEACH, Calif., Sept. 17, 2015 /PRNewswire/ — About a month after Santa Monica media company Webxu Inc.‘s plan to acquire nearby marketing firm Media Trust Performance Marketing Inc. fell through in 2013, it was slapped with a $45 million breach-of-contract lawsuit. But last month, after a long legal battle, a Los Angeles Superior Court judge confirmed a $700,000 arbitration award in favor of Webxu. Plaintiffs Media Trust Performance Marketing, Inc. ...

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