Mergers & Acquisitions
Disputes

Greenberg Traurig’s Mergers & Acquisitions Disputes Practice represents funds, sponsors, publicly traded companies, founders, and entrepreneurs globally. Our team, including members of our Trial Practice Group, leverages decades of M&A and private equity litigation experience to generate innovative strategies that have helped us recover hundreds of millions of dollars—and avoided hundreds of millions more in liability—for our clients.

Lifecyle of a Transaction

Our experience spans virtually every stage of the dispute resolution lifecycle. We work closely with our transactional team from the beginning of the deal to strategically craft provisions that are aligned with our client’s goals, including:

• Definitions (e.g., of knowledge and fraud)
• Indemnity
• Dispute resolution
• Earnouts

When pre-closing disputes arise, we are adept at navigating challenges to meet our client’s strategic objectives – whether that means securing injunctions or other relief to facilitate a closing or taking decisive action to prevent one.

Dedicated Trial Practice

With our multidisciplinary Trial Practice Group, comprised by award-winning trial lawyers, we approach every matter with a trial-ready mindset. This forward-thinking strategy enables us to identify key strengths and vulnerabilities early—transforming insight into tactical action. Our team has experience representing buyers and sellers in high-stakes M&A and private equity disputes in state and federal courts across the country, including Delaware, where we have had a presence for more than 25 years, as well as in arbitration forums. Should the dispute arise from a cross-border transaction, we have substantial experience pursuing or defending claims in international arbitrations before major arbitral institutions.

Representations & Warranties Insurance Claims

Our insured-side Representations & Warranties Insurance (RWI) claims team—an integral part of our M&A and Private Equity Dispute Resolution practice—has a strong record of helping clients maximize coverage under their policies. When a breach is suspected, we facilitate the claims process by identifying potential breaches, interfacing with the insurers, conducting internal investigations to support the claims, quantifying loss, and evaluating potential fraud claims against the seller. Our experience also extends to handling purchase-price and net working capital disputes, whether in arbitration or before an expert.

Scope of Services

Our team supports clients across the full spectrum of transaction-related disputes, including:

• Buyers and sellers in busted deals and other disputes arising between signing and closing a transaction, including obtaining injunctive and other interim relief.
• Clients in disputes involving net working capital, purchase price adjustments, and similar post-closing true up mechanisms, including before an arbitrator or expert.
• Buyers/insureds in facilitating claims under RWI policies, including crafting strategies to maximize coverage.
• Companies, buyers, and sellers in connection with disputes involving alleged breaches of representations and warranties, including for fraud and secondary liability such as conspiracy and aiding and abetting.
• Private equity, hedge funds, venture capital firms, and other funding firms and their portfolio companies in litigation, including related to immigration, tariffs, and other global issues.
• Alternative entities and their stakeholders in connection with drafting and interpretation of agreements, governance disputes, and member disputes.
• Public and private companies and their officers and directors in derivative claims, direct claims, class actions, federal securities litigation, appraisal actions, and statutory proceedings that can arise from corporate transactions.