Private Equity and M&A Disputes

Private Equity and M&A Disputes

We are often considered as the darling of private equity houses due to our willingness to share risk over a portfolio of business interests. Investors and managers love our ability to stand shoulder to shoulder with our clients, linking our fees in whole or part, to delivering success across a wide range of business areas and commercial activities.

We work with buy and sell-side parties, usually where deals have gone wrong. We deliver pragmatic, advice and representation, either alone or alongside transaction lawyers, predominantly in the UK and USA.  

We are often considered as the darling of private equity houses due to our willingness to share risk across a portfolio companies may own, across a wide range of business areas and commercial activities. This delivers tremendous value and also allows investors to successfully monetise their litigation rights.

We also bat for both sides and will equally act for and against private equity houses who unlawfully breach their obligations to entrepreneurs.

We cut through the complexities of the deal to the key issues which will shape a trial and commercial settlement. 

Our cases for buyers and sellers typically involve: 

  • Breaches of representations, warranties and covenants
  • Fraud, wilful default and gross negligence
  • Earn-out, working capital and purchase price adjustment disputes
  • Indemnification disputes
  • Bankruptcy and insolvency angles and consideration
  • Complaints by minority rights holders such as unfair prejudice under the UK Companies Act 2006
  • Claims against advisors and other service providers
  • Internal investigations, regulatory complaints and enforcement
  • Parallel proceedings in multiple jurisdictions
  • Arbitration and expert determination
  • Representation and warranty insurance
  • Complex financing and accountancy issues

 

Recent examples of where we’ve assisted both private equity clients and investors include:

  • Disputes over UK/US sale and purchase of a digital pharma business
  • Disputes over asset managed loan books
  • Disputes over the rights attaching to a minority investment in a software group
  • Disputes between a founder and investors in a digital mapping business
  • Litigation regarding the asset allocation and performance of a fund
  • Disputes between partners at GP and investment manager levels
  • Telecoms dispute between entrepreneurs and private equity investors
  • Exploitation of confidential business plans and ideas


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