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Sidley Austin partners Frank Favia, Angela Zambrano and Rob Velevis Sidley Austin partners Frank Favia, Angela Zambrano and Rob Velevis

The global efforts to contain the COVID-19 pandemic’s spread, and the resulting massive business disruptions and economic uncertainties, raise novel questions for parties in M&A transactions. One such question that has already been the subject of significant litigation is whether a global pandemic such as COVID-19 triggers a material adverse effect (“MAE”) clause, allowing a buyer to terminate the deal after signing but prior to closing.

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