The Globe and Mail quotes Calgary lawyer Sarah Gingrich in an article on Duo Bank in Faistone deal.
The case could push other companies to settle similar disputes outside of court, said Sarah Gingrich, a partner with Fasken Martineau DuMoulin LLP who specializes in mergers and acquisitions.
“Even in non pandemic times, it’s always open to parties to negotiate in between signing and closing. So we are seeing clients look at their options rather than litigation. I think this case will definitely inform some of that decision making, whether they negotiate new deal terms, and amended purchase price or consider a break fee.”
Ms. Gingrich said M&A lawyers are now paying more attention to the risk of a pandemic in drafting new commercial agreements or transactional documents.
