This article discusses the fact-driven question of whether and when specific performance is an appropriate remedy for mutually hostile parties. In the long run, "the more complex and lengthy the ...
Most M&A agreements include specific performance provisions that allow either party, under certain circumstances, to seek to have a court force the other party to comply with its contractual ...
On May 30, 2023, the Appellate Division, First Department, decided 301 East 60th Street LLC v. Competitive Solutions LLC, 217 AD3d 79 (1st Dept. 2023) (Competitive Solutions)—the first decision to ...
On June 13, 2025, the Supreme Court of Texas delivered a 17-page opinion in White Knight Development, LLC v. Simmons clarifying that monetary damages may be awarded alongside specific performance in ...
When negotiating the remedy for a buyer’s failure to close an acquisition, the parties typically agree to a specific performance remedy and sometimes also agree to a reverse break-up fee. In drafting ...
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