The recent downturn in the economy has been a factor in recent disputes arising from business acquisitions. Some involve a failure to close a transaction, but many are over claims of fraud, misrepresentation or breach of warranties or covenants after a transaction has closed. In these types of disputes, the most important question is whether a party will be entitled to seek damages and, if so, the manner in which the damages are to be measured. After the dust settles, however, other questions arise, including: how did we get here and how can we prevent this in the future?
The session will provide insight into recent trends in mergers and acquisitions following the economic downturn as well as observations and insights into the types of disputes that have emerged in this economy. In this context, the session will provide background on the legal and transactional issues that must be considered during negotiations, drafting of the transactional documents, closing and beyond and an overview of the various legal, accounting, and valuation aspects of disputes over misrepresentations, breaches, earnouts and post-closing adjustments.
Please join our panelists Daniel Delaney, Partner in Drinker, Biddle & Reath LLP’s Commercial Litigation Group; and Jeff Litvak, Senior Managing Director, and Nicole Wells, Managing Director in FTI’s Forensic and Litigation Consulting Practice as they address these issues as well as your questions.