litigation

Private Equity Litigation and Enforcement

A powerful combination of top-tier litigators and private equity counsel

Dechert is called upon by many leading private equity, venture capital and sovereign wealth funds in high stakes litigation and regulatory investigation and enforcement proceedings.  We also represent these funds’ portfolio companies in connection with a wide range of disputes.

We work extensively with lawyers from the firm’s lauded private equity practice.  As a result, we have a deep understanding of the industry and the unique legal challenges it faces, and are well versed in the business strategies and goals of our clients.  We counsel our clients on litigation risk, compliance and prevention, and stand ready to represent them in all manner of private or regulatory disputes.

Industry recognition of our work

Dechert’s litigation practice is consistently recognized in the top tier by Chambers, Benchmark Litigation, The Legal 500 and other ranking publications. In 2017, Corporate Counsel named Dechert one of the three “Best Big Litigation Law Firms” for its Best of Corporate Counsel rankings for the second year in a row.  The firm is also one of “12 Litigation Firms on General Counsels’ Short Lists,” according to the 2016 BTI Brand Elite report (Law360 2016).

With an equally top-tier private equity practice, Dechert has been repeatedly named a top private equity law firm by Thomson Reuters, Bloomberg, The Deal and Chambers.

Litigation

Dechert litigators advise private equity, venture capital and sovereign fund clients on:

  • Disputes between general and limited partners, including breach of contract, valuation, fraud and fiduciary duty claims.
  • Indemnification and breach of representation and warranty claims.
  • Working capital, purchase price adjustment and earn out disputes.
  • Creditor and trustee claims in bankruptcy.
  • Disputes brought by or against portfolio companies.
  • Regulatory investigations and enforcement actions by the U.S. Securities and Exchange Commission (SEC), U.S. Department of Justice (DOJ) and other state and federal regulators.
  • Internal investigations.
  • Shareholder claims arising out of public offerings or going private transactions.
Preventive counsel on litigation risk

Dechert’s powerhouse private equity team helps clients achieve their investment objectives by guiding them through each stage of the investment life cycle:  fund formation, fund investment activities, portfolio company transactions and exits. Our litigators work closely with them every step of the way to manage risk and regulatory uncertainty and avoid litigation in the first place. We counsel on potential litigation and enforcement triggers, including those trending now:  conflicts of interest, especially regarding fees and disclosure and fund restructurings; pay-to-play rules; valuation practices; representations and warranties regarding sales and mergers; and performance marketing and advertising. 

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