An acquirer of technology assets in an earn-out transaction may have a duty to make reasonable efforts to promote the technology – 1st Circuit

See also (list is generated automatically):

1. Is “doing the needful” the standard for commercially reasonable efforts? When contract drafters can’t agree on a standard of performance (or can’t express the standard in words), they often kick the can down the road...
2. New Delaware decision highlights (again) the importance of defining “commercially reasonable efforts” If your client is going to contractually commit to using commercially rea­son­able ef­forts to do something — and if your client expects that obligation to require some­thing...
3. “Commercially reasonable efforts”: Two Delaware court decisions raise the stakes for contract drafters Contract drafters often use the term commercially reasonable efforts in lieu of stating more-precise standards of performance.  Two recent Delaware state court opinions suggest that...
4. Best-efforts obligations: Six negotiation tips A former colleague asked whether it was common for companies to agree to a requirement that they use their “best efforts” to do X. I’ve...