M&A Litigation

For parties to mergers, acquisitions and other change-of-control transactions, doing the deal often is only part of the work: the parties must be prepared for tough litigation as well.

That’s why so many come to Dechert for representation in high-stakes M&A-based litigation. Our clients include acquirers, sellers, bidders, corporate officers and directors, special board committees, investment banks and advisers, venture capitalists, individual investors, private equity firms, hedge funds and other stakeholders in litigation. We represent them in federal and state courts across the U.S., including the Delaware Court of Chancery.

The Dechert M&A litigation team handles a wide range of matters that arise in transactions:

• Auction-related disputes
• Bankruptcies and restructurings
• Breach of fiduciary duties
• Breach of warranties or representations
• Corporate governance
• Corporate takeovers
• Dissenter’s rights proceedings
• Investment management
• Material adverse change/material adverse event
• Post-closing disputes
• Proxy contests
• Purchase price adjustment disputes
• Securities and investor fraud
• Shareholder class actions and injunctions
• Shareholder derivative actions
• Tortious interference
• Valuation proceedings

The team also represents deal parties in inquiries and investigations pursued by the Securities and Exchange Commission and stock exchanges, as well as in arbitration and other forms of alternative dispute resolution.

In addition, potential investors and acquirers frequently retain us to evaluate complex tort, environmental and other litigation risks facing their targets.

An abundance of expertise

Dechert’s M&A litigation capability features expertise in multiple areas of law —meaning that clients benefit from a rich diversity of insights that could be crucial to their case.

Our litigators typically come from our practices in securities litigation; investigations and white collar defense; and private equity litigation and enforcement. They, in turn, draw on the deep knowledge of their colleagues in corporate governance; broker-dealers, securities trading and markets; antitrust/competition; regulatory compliance; and banking and financial institutions.