Post M&A Disputes

Post M&A Disputes

One focus of our practice group is disputes in connection with M&A transactions. Such disputes arise in particular from a breach  of representation and warranty clauses in the purchase agreement, the breach of pre-contractual disclosure obligations, or in connection with purchase price calculation clauses.

Our practice group has extensive experience in all phases of such disputes (including expert opinion proceedings (Schiedsgutachterverfahren), litigation before state courts (including German commercial courts), and national and international arbitration proceedings. Our strength lies in particular in the accurate assessment of the facts and the convincing presentation of complex issues to the court or arbitral tribunal. Our clients benefit from our experience in M&A transactions and from our close cooperation with auditors who also specialize in post-M&A disputes. We have particular expertise in answering balance sheet and valuation questions.

References

  • Parent company of an international group of companies in the concrete and building materials industry in asserting claims against the W&I insurance for breach of warranty clauses arising from a share purchase in DIS arbitration proceedings
  • Acquirer of an internationally active automotive supplier in asserting claims against the seller for breach of warranty clauses and fraudulent misrepresentation (before a German commercial court)
  • European private equity company in an arbitration expert opinion proceeding following the acquisition of an international publishing company (including disputes arising from an arbitration expert opinion proceeding)
  • Listed investment company in court disputes over the rescission of a company purchase agreement (asset deal) due to pre-contractual fraudulent misrepresentation by the company seller

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