M&A Post-Closing Claims for Breaches of Reps and Warranties: Strategies for Pursuing or Defending Recovery
Identifying and Addressing Trouble Spots That Risk Post-Closing Losses, Impede Recovery or Undermine Defenses
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will examine the types of post-closing breach claims that arise most frequently in M&A transactions, share practical tips to help buyers and sellers negotiate and draft stronger deal documents, and discuss litigation strategies that should prove useful to parties who find themselves entangled in reps and warranties breach disputes. The panel will also address the pros and cons of representation and warranty insurance, which can shift the risk of reps and warranties breaches to a third party.
- Common sources of M&A reps and warranties breach claims
- Strategies for pursuing claims
- Strategies for defending claims
- Leveraging M&A reps and warranties insurance
The panel will review these and other critical issues:
- Which reps and warranties in the M&A agreement are most commonly subject to breach claims?
- What are best practices for buyers pursuing breach of reps and warranties claims?
- What are some strategies for sellers to defend against a breach of reps and warranties claims?
- How can M&A reps and warranties insurance help mitigate the risk of loss for buyers and sellers?
Gregory S. Brow
Mr. Brow represents publicly-traded corporations, privately-held businesses, and corporate executives in complex... | Read More
Mr. Brow represents publicly-traded corporations, privately-held businesses, and corporate executives in complex business litigation matters. His practice focuses on commercial and contractual disputes and business torts, shareholder and partnership disputes, M&A purchase price adjustment disputes, examinations and internal investigations, consumer class actions and securities class actions.Close
Jeff J. Litvak
Senior Managing Director—Forensic Litigation
Mr. Litvak specializes in accounting and valuation matters, assessment of economic damages, analysis of lost... | Read More
Mr. Litvak specializes in accounting and valuation matters, assessment of economic damages, analysis of lost profits, and merger and acquisition damages. He has provided expert opinions on matters involving post-acquisition disputes (including the Valassis v. ADVO case), breach of contract, damages, employee termination, lender liability, healthcare fraud and abuse, antitrust and lost profits.Close
Matthew L. Ogurick
Mr. Ogurick has broad experience in counseling public and private companies based in the U.S., Europe and Asia, private... | Read More
Mr. Ogurick has broad experience in counseling public and private companies based in the U.S., Europe and Asia, private equity firms and their portfolio clients, hedge and venture capital funds, sponsors, and entrepreneurs across a broad spectrum of legal matters with particular emphasis on M&As, joint ventures, public offerings and private placements of convertible debt and equity securities including ADR listings, SEC reporting and compliance, national exchange listings, corporate finance, legal opinion practice and early stage company structuring, formation and funding. Mr. Ogurick represents clients across a broad range of industries including infrastructure, commercial real estate, online advertising, federal government contracting, nuclear medicine, solar, healthcare laboratory, nanotechnology, and augmented and virtual reality. In addition, Mr. Ogurick counsels corporations and their boards of directors on matters of corporate governance.Close