Mergers & Acquisition 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.
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:
- Deal Protection & Hostile Takeover Defense: Advising boards and management teams in defending against unwanted bids and protecting business strategy.
- Busted Deal Litigation: Litigating specific performance, termination rights and material adverse change (MAC) clause disputes.
- Fiduciary Duty & Disclosure Litigation: Defending against shareholder class actions challenging the deal process or fairness.
- Post-Closing Disputes: Handling litigation over indemnification claims, escrow disputes, earnouts and fraud allegations.
- Special Committee Representation: Advising independent board committees in evaluating and responding to merger proposals.
- Regulatory & Governmental Investigations: Navigating merger-related scrutiny and parallel investigations by regulatory bodies.
- Shareholder Derivative & Appraisal Actions: Representing clients in cases involving shareholder challenges to deal value and process.
- Private Equity & Investment Firm Representation: Protecting sponsors and funds in disputes involving portfolio company transactions.
