Merger and Acquisition Disputes

A merger or acquisition is one of the most important business transactions you might undertake. SA Law has a large team of specialists corporate litigators who are there to assist when a deal doesn’t go as planned and a dispute arises.

Whatever the situation or the stage of the transaction you are at, call us and we will work with you and your deal team to analyse the legal issues and understand the commercial imperatives. When resolving an M&A disputes we will always keep in mind that the dispute is part of a bigger picture. We will deliver practical, robust advice tailored to your agenda. We will create the right strategy to resolve your issue and consider alternative methods of dispute resolution such as mediation or arbitration.

Typical areas we advise on include:

• Issues relating to disclosure, such as allegations of misrepresentation
• Unlawful dilution of shareholdings
• Breach of contract
  
• Financial issues such as the calculation of completion accounts, triggers for the payment of deferred consideration, purchase price adjustment mechanisms and earn-out provisions
• Fraud

How we help you

• Our in-depth understanding of mergers and acquisitions means we can be brought up to speed quickly, which reduces the time commitment and cost for you.
• We will fully advise you as to the merits of your case and the risks associated with litigation and keep you immediately appraised of developments.
• We can advise and represent you throughout a merger or acquisition, and lay the foundations of a smooth deal, reducing the chance of a dispute arising.

It’s good to bear in mind...

• Cut-off dates for making a claim are often shorter than the usual six years. Act as quickly as possible if you feel there is an issue.
• Merger and acquisition agreements usually include a Dispute Resolution Procedure, so don’t overlook this.
• Avoid verbal agreements or “gentlemen’s agreements” as they may not be enforceable.
• Don’t skimp on due diligence and make sure that you understand what each party is required to disclose.