Our team of experienced litigators works seamlessly with our Mergers & Acquisitions and Private Equity transactional teams to advise public companies, private equity firms, and their portfolio companies throughout the entire deal lifecycle. We proactively anticipate and address issues that may arise during a transaction, including pre-and post-closing disputes related to the following claims and issues:

• Fraud
• Breach of contract
• Indemnity issues
• Earn-outs
• Purchase price adjustments
• Representations and warranties claims
• Employment restrictive covenants
• Significant portfolio company-related litigation and investigations

Our team is well-equipped to handle complex, multi-jurisdictional matters and regularly represents public and private companies in Delaware and other state and federal courts across the country. When claims extend across international jurisdictions, we leverage our global network and work closely with colleagues and local partners across the world to provide seamless, coordinated legal strategies.

Experience

• Represented TC Energy in litigation relating to the acquisition of Columbia Pipeline Group in a federal securities class action, a Delaware Chancery Court appraisal action, and a breach of fiduciary duty action in Delaware Chancery Court and Delaware Supreme Court
• Represented Luther King Capital Management (LKCM) in a working capital dispute relating to the acquisition of a portfolio company
• Represented LKCM and affiliates in a suit alleging breaches of fiduciary duty relating to Distribution Services Group in Delaware Chancery Court and Delaware Supreme Court
• Represented TC Energy in litigation in Delaware Superior Court alleging breaches of representations and warranties in connection with the sale of assets to Helix Generation
• Represented Nestle Purina PetCare Company in litigation in Delaware Chancery Court alleging breaches of representations and warranties and a related working capital dispute
• Represented a German conglomerate in an arbitration proceeding in Germany and a separate action in the U.S. District Court for the Central District of Illinois involving claims for fraud and declaratory relief relating to the parties’ failure to close under a purchase agreement
• Represented a Fortune 100 company in an action involving claims for specific performance to require closing under a purchase agreement
• Represented an individual shareholder of a special purpose acquisition company (SPAC) in a dispute in connection with a business transaction to take a target company public
• Represented individual shareholders of a family-owned franchising business in litigation involving alleged breaches of a shareholder’s agreement and fiduciary duties
• Representing a multinational corporation in a complex multi-party litigation regarding the client’s purchase of a 50% share in a London-based international hedge fund of funds and involving legal issues arising out of the Cayman Islands, Malta, Jersey, the Republic of Ireland, and the Netherlands
• Acted for a multinational consumer goods company on a dispute following the sale of a food production business. The dispute concerned the operation of a transitional services agreement and involved various issues including the valuation of existing stock, the allocation of certain cost items and the calculation of foreign exchange adjustments