Mergers & Acquisitions Litigation
When deals unravel, face shareholder scrutiny or encounter post-closing conflict, Benesch’s Mergers & Acquisitions Litigation team is ready to step in to defend your business interests and your bottom line.
Overview
Our attorneys represent buyers, sellers, boards of directors, officers, private equity firms and major shareholders in the most sensitive and high-dollar disputes arising out of complex M&A transactions. From hostile takeovers to busted deals, post-closing disputes or fiduciary duty claims, we bring courtroom firepower and strategic clarity to our clients’ most consequential matters.
We have been on the front lines of headline-making deal disputes and have secured favorable outcomes for clients in court and through strategic settlements. Our litigators have extensive experience in state and federal courts across the country, including expedited proceedings in the Delaware Court of Chancery and other leading commercial jurisdictions. We treat these disputes with the urgency and complexity they demand.
Skilled Defenders for Any Industry, Any Deal Size
Our team is prepared to defend your business, regardless of industry, company size or deal size. We have defended clients in litigations resulting from strategic mid-market deals to multibillion-dollar acquisitions. Our experience includes:
Advising boards and management teams in defending against unwanted bids and protecting business strategy.
Litigating specific performance, termination rights and material adverse change (MAC) clause disputes.
Defending against shareholder class actions challenging the deal process or fairness.
Handling litigation over indemnification claims, escrow disputes, earnouts and fraud allegations.
Advising independent board committees in evaluating and responding to merger proposals.
Navigating merger-related scrutiny and parallel investigations by regulatory bodies.
Representing clients in cases involving shareholder challenges to deal value and process.
Protecting sponsors and funds in disputes involving portfolio company transactions.
Guidance to Prevent Post-Deal Litigation
Clients count on us to provide strategic guidance during the deal process to prevent litigation before it arises. Our litigators regularly collaborate with Benesch’s corporate lawyers and regulatory, tax and employment colleagues to advise and protect clients through every phase of a deal.
M&A litigation is high-stakes and fast-moving. Our team is built to respond immediately, move quickly in court and align every step of the litigation with your business goals. We have the courtroom experience, deal fluency and tenacity needed to win when deals are on the line.
Related Practices
Our work in action
Representative Examples
Lead counsel to e2Companies LLC
in busted deal litigation concerning a $500 million de-SPAC transaction.
Defended a Fortune 500 energy company
in the Supreme Court of New York, Commercial Division against eight-figure claims of breach of contract and fraud related to the sale of generation assets.
Represented Elon Musk
in “busted deal” litigation involving his $44 billion acquisition of Twitter.*
Successfully defended Life Storage
against a hostile takeover bid by Public Storage, culminating in a $12.7 billion friendly merger with Extra Space Storage.*
Represented a Fortune 50 banking institution
in shareholder and bondholder litigation following a multibillion-dollar acquisition, with claims settled on the eve of trial after three years of discovery.
*Matter completed prior to joining Benesch.
