Causes and Economic Consequences of Merger & Acquisition Disputes

Presented by

Michael Conway, Jacob Smith, Jeff Litvak, Nicole Wells

About this talk

The 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 a case study on the legal and transactional issues that must be considered during the course of an M&A transaction and an overview of the various legal, accounting, and valuation aspects of disputes over misrepresentations, breaches, earnouts and post-closing adjustments.

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