Litigation - (unofficial-not a
Private Company M&A Disputes
Gibson Dunn’s Private Company M&A Disputes practice excels in achieving significant financial results for private equity and corporate clients by leveraging top-rated trial expertise and extensive experience, while working seamlessly with our M&A and Private Equity transactional teams to protect deal terms throughout the deal lifecycle.
Overview
Gibson Dunn’s Private Company M&A Disputes practice is known for its expertise in representing private equity firms and corporate clients in complex litigation.
With extensive experience across key jurisdictions and arbitral forums, our team effectively navigates issues and litigates claims under stock and asset purchase agreements, LLC and LP agreements, and other investment agreements. Our strategic approach focuses on achieving exceptional results, whether through trial or arbitration, for some of the largest private equity firms and strategic acquirers.
We are at the forefront of litigating private company M&A disputes, with significant thought leadership in developing areas of merger and acquisitions disputes strategy. From deal inception through litigation and resolution of any disputes that arise, our clients depend on us to bring our world-class litigation practice to bear to secure the best outcomes possible.
Collaborating closely with M&A and Private Equity teams, Gibson Dunn’s specialized litigators are involved throughout each deal’s lifecycle, ensuring rigorous protection of deal terms. They handle complex disputes, including disputes over representation and warranty and fraud claims, indemnification, purchase price adjustments, earnouts, tag-along, drag-along, preemptive, redemption and dissenters’ rights disputes, and post-acquisition litigation, delivering exceptional results for major acquirers. Our litigators are often embedded in the deal at an early stage advising on litigation-related diligence and deal term advice, and thus have a sophisticated understanding of our clients’ needs and concerns.
Experience
Recent representations include:
- Represented sell-side private equity client SIG Growth Equity Fund I LLLP in a breach of rep and warranty and fraud action in Great Hill Partners v. SIG Growth Equity Fund I LLLP, relating to the acquisition of private company Plimus Corp. in Delaware Chancery Court, a case in which Gibson Dunn won a near-complete defense victory for our client.
- Represented a West Coast global private equity firm in an M&A-related rep and warranty and fraud litigation in Delaware Chancery Court relating to its acquisition of a Nevada-based gift card company in Swipe Acquisition v. Krauss, et al.
- Represented the sellers in a post-closing purchase price adjustment dispute and subsequent breach of contract and fraud litigation in Delaware Chancery Court in Roma Landmark Theaters v. Cohen Exhibition Co. LLC.
- Represented Contrarian Funds LLC in a post-closing indemnification dispute relating to alleged breaches of stock purchase agreement reps and warranties in Delaware Chancery Court in EMSI Acquisition Inc. v. Contrarian Funds LLC, et al.
- Represented strategic acquirer Aurobindo Pharma in an M&A fraud adversary proceeding in District of Delaware Bankruptcy Court arising out of the acquisition of vitamin producer Natrol Pharmaceuticals.
- Represented one of the country’s oldest and most prominent East Coast private equity firms in an M&A-related rep and warranty and fraud dispute against a founder/seller in a private arbitration relating to the firm’s acquisition of a semiconductor parts company.