MAC clauses are intended to give buyers a right of withdrawal if the target company’s position deteriorates. Under the law of the US state of Delaware, they are practically ineffective – effective protection is provided only by clearly quantified exit thresholds.

Service between Germany and the United States is governed by the Hague Service Convention of 15 November 1965 – both states are contracting parties.

US courts tend to circumvent the Hague Convention through “service by alternate means” when German authorities refuse service for lack of the Convention's requirements – with an excerpt from In re South African Apartheid Litigation (S.D.N.Y. 2009).

German citizens and companies can only resist service of US complaints and enforcement of US judgments in narrow exceptional cases – an overview of Article 13 HZÜ, Section 23 EGGVG and Section 328 ZPO.

SCOTUSblog is the leading independent source for analysis and reporting on the U.S. Supreme Court.

US law: When courts disregard the separation of parent and subsidiary (piercing the corporate veil) – the four typical scenarios and practical recommendations for German groups.