M&A Deal Dispute Resolution: Proactive Strategies
Evaluating ADR Alternatives and Crafting Merger Agreements That Minimize Post-Closing Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide attorneys with an overview of the risks and benefits of using mediation, arbitration or expert determination to resolve M&A deal disputes. The panel will outline strategies for negotiating and drafting key dispute resolution provisions in the merger agreement.
- Selecting the dispute resolution method (benefits and risks)
- Expert determination
- Negotiating and crafting dispute resolution procedural provisions
- Choice of law
- Choice of venue
- Interim relief
- Specific performance
The panel will review these and other key questions:
- What are the advantages and disadvantages of using ADR instead of litigation to resolve M&A post-closing disputes?
- What considerations should counsel take into account when deciding whether to use arbitration, mediation or expert determination as a dispute resolution method?
- What are some effective practice tips for buyers and sellers counsel when drafting and negotiating dispute resolution provisions in merger agreements?
- What are some best practices for neutrals evaluating and deciding M&A post-closing disputes?
Catherine B. Nelson
Foley & Lardner
She focuses her practice on mergers and acquisitions, private equity, corporate finance and general corporate... | Read More
She focuses her practice on mergers and acquisitions, private equity, corporate finance and general corporate counseling. She has represented start-ups and mature companies in mergers and acquisitions, private offerings, venture capital and various other financing transactions, as well as general business law representation such as contract review and negotiation.Close
Vincent P. (Trace) Schmeltz, III
Dewey & LeBoeuf
He practices in the area of complex civil litigation, with an emphasis on securities, mergers and acquisitions... | Read More
He practices in the area of complex civil litigation, with an emphasis on securities, mergers and acquisitions (M&A), and white collar criminal litigation. He has pursued and defended claims on behalf of auditors, investment banks, corporate boards and corporations. He is also brought into cases by clients to provide "second opinions" and assist with trial strategy.Close
Kevin D. Kreb
He consults with clients regarding the resolution of disputes arising from merger and acquisition transactions,... | Read More
He consults with clients regarding the resolution of disputes arising from merger and acquisition transactions, including purchase price disputes, earn-out disputes and breach of representation and warranty claims, through negotiation, arbitration and litigation. He has served in the capacity of expert witness and sole arbitrator/neutral accountant on numerous occasions.Close