M&A and Private Equity Litigation
Brown Rudnick’s M&A and Private Equity litigation team has a proven track record of delivering successful results to private equity firms, strategic acquirers, family offices and similar investors.
Unfortunately, not every transaction goes as planned. Brown Rudnick’s M&A and Private Equity Litigation team has successfully litigated or resolved dozens of major post-closing disputes related to fraud, breach of contract, indemnity issues, tax refunds, earn-outs, working capital adjustments, deferred compensation, representations and warranties insurance policies claims, and significant portfolio company related litigation.
Brown Rudnick has litigated on behalf of or against a wide range of market participants including private equity firms such as Platinum Equity, The Carlyle Group, Partners Group, Ospraie, LLR Partners, Genstar Capital, Grey Mountain Partners, and CounterPoint Capital, as well as on behalf of or against strategic acquirers, including Lupin Pharmaceuticals, Tecumseh Products, Bass Pro, and PAE.
While many of Brown Rudnick’s M&A related cases are litigated in Delaware or New York courts, our clients have retained us to litigate M&A and portfolio company disputes in contractually-designated forums around the country. Frequently, we are retained to litigate post-closing disputes in place of some of our clients’ well-known transaction counsel. Brown Rudnick’s M&A and Private Equity litigation team has prevailed against some of the largest litigation firms in the world.
Our Value Proposition
Brown Rudnick’s value proposition is driven by our experience and success in similar matters, which allows us to leverage our prior work to produce efficient results for our clients. There is simply no substitute for the type of experience gained by litigating these matters, which include hundreds of meetings, interviews, and depositions of private equity professionals, corporate business development professionals, senior management teams, investment bankers, auditors, transaction advisory accountants, and operations personnel, as well as professional experts in accounting and valuation. Knowing where a case is likely to end up provides us with the critical skills to quickly identify key issues, and to focus our efforts on activities that will drive a favorable settlement or trial victory.
What We Do
- Indemnification claims concerning breaches of representations, warranties and covenants;
- Fraud claims;
- Earn-out disputes;
- Working capital and purchase price adjustment disputes;
- Tax refund disputes;
- Claims against representations and warranties insurance policies;
- Disputes over other deferred purchase price consideration and milestones;
- Pre-closing disputes, including asserting or defending against MAE/MAC claims; and
- Significant portfolio company litigation.