Published Articles

Delaware Resurrects Material Adverse Effect Clause

Date: 12/07/18

In this column in The Deal, Cahill partners Helene Banks and Kimberly Petillo-Décossard describe a recent and ground-breaking Delaware court ruling on the Material Adverse Effect clause, commonly found in M&A agreements. While the court's decision was narrow, the partners recommend how, in light of the ruling, dealmakers should reassess their approach to MAEs and conditions to closing more broadly.

DelawareResurrectsMaterialAdverseEffectClause (1).pdf (pdf | 392.03 KB )