NEW:  Katten examines M&A agreements entered after March 1, 2020, finding “ordinary course of business” a frequently defined term, in contrast to practices before the coronavirus pandemic, and discusses exemplary definitions and the contracting parties’ intent in The Now Not So Ordinary Meaning of “Ordinary Course of Business”.

Mintz Levin discusses recent Delaware case law addressing covenants in acquisition agreements to operate companies in the ordinary course in Pre-Closing Covenants: Operating in the Ordinary Course of Business.