Post-M&A Litigation
A focus of our litigation practice is disputes in connection with acquisitions transactions. Such disputes arise in particular from a breach of representations and warranties in the purchase agreement or the breach of pre-contractual disclosure obligations as well as in connection with purchase price calculation provisions.
Our highly specialized litigation team has great experience stemming from numerous cases both relating to the enforcement of claims as well as the defense against such claims in post M&A disputes. Our strength lies in particular in the accurate assessment of the facts and the convincing presentation of complex circumstances for the court. Our clients benefit from our close collaboration with auditors also specialized in post M&A disputes.
Many of the post M&A disputes we handle have an international element and are not tried before state courts but before private arbitration tribunals. We regularly appear before arbitration proceedings and have, therefore, the required knowledge and experience.
Selected References:
- Publicly listed investment company in court trial regarding the rescission of an asset purchase agreement based on pre-contractual willful deceit by the purchaser
- Purchaser in DIS arbitration proceedings on the alleged breach of warranties on financial statements and compliance in a purchase agreement
- UK logistic company in ICC arbitration proceedings on the enforcement of warranty claims based on the breach of warranties on financial statements by the seller
- Financial investor in the enforcement of claims in a dispute with a company seller regarding the purchase price clause and the breach of the warranty on financial statements in the purchase agreement against a W& I insurer