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Merger and acquisition disputes

The sale and purchase of a business is often a complex process and issues can arise during the course of contractual negotiations or post-completion.

Our specialist commercial dispute resolution team are experts in providing strategic advice to help clients resolve issues that can arise as a result of buying or selling a business.  We have experience of working with clients in a range of sectors and on each side of a transaction. Whether you are an investor who is looking to recoup value in a recently acquired business or a former shareholder who is looking to retain their ‘nest egg’, our specialist sale and purchase agreement dispute lawyers can help resolve any issues in a way that is right for you.

Areas we regularly advise on

Examples of the types of M&A disputes which we are regularly asked to advise include the following:

Pre-completion:

  • Due diligence and advising on the potential risks associated with identified merger and acquisition-related issues
  • Assisting with contractual negotiations
  • Advising on the enforceability of proposed share purchase / asset purchase agreements
  • The adequacy and suitability of dispute resolution mechanisms (such as expert determination) and jurisdiction clauses (including arbitration and litigation)

Post-completion:

  • Bringing and defending breach of warranty, indemnity and misrepresentation claims
  • Disputes concerning entitlement to deferred consideration / ‘earn-out’ payments
  • Disputes concerning completion accounts / price adjustment provisions
  • Advising on good / bad leaver provisions
  • Enforcement/breach of restrictive covenants
  • Negotiating out of court settlements
  • Advising and representing clients in:
    • Litigation (court proceedings);
    • Arbitration; and
    • Mediation (and other forms of alternative dispute resolution)

Meet the team

Our mergers and acquisitions disputes experience

How we made a difference

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If you have a question or need advice, please let us know how we can help.

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