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Banking | Finance

Some Free Advice: Is a MAC Clause the Answer?

The perennial question of whether to use a MAC clause in transaction agreements constitutes, at its heart, a problem of how to allocate a potential risk that could kill the project before it is even consummated. And each time this question arises, you go over the main risks and benefits of the...

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Litigation

To Appeal or Not to Appeal

MCC: What are the important factors in determining whether to appeal? Wheaton: “To Appeal or Not to Appeal” is the title of a presentation I've given to different audiences, and there are many things to consider. The first question is not “should I appeal” but...

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Litigation

You Want Me to Go Where for My Deposition? A Road Map for Responding to an Adversary’s Attempt to Depose High-Ranking Executives in Far-off Locales

With fewer cases moving to trial, depositions have become the key to civil litigation. Depositions are routinely used by counsel to exert pressure on a party by attempting to depose high-level executives in inconvenient locations, sometimes thousands of miles and many time zones away, in an...

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