Private Equity Litigation
Overview
Our litigators have decades of experience representing private equity firms and their portfolio companies. Combining exceptional first-chair trial skills with interdisciplinary knowledge of regulatory and legal issues, we take a creative and outcome-oriented approach to litigation, disputes, and investigations while remaining sensitive to the speed at which the private equity industry operates.
We represent private equity firms and their portfolio companies through all phases of the investment life cycle, including conducting critical litigation due diligence, advising on drafting arbitration and indemnification provisions in purchase agreements, litigating and arbitrating post-purchase disputes, and representing portfolio companies in their significant litigation and investigations post-acquisition.
We also maintain strong relationships with an extensive network of government lawyers and enforcement officials, who can provide private equity clients the necessary level of credibility and experience in acquiring a target or advise a portfolio company facing a significant regulatory issue.
Contacts
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Overview
We handle a range of matters involving:
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Acquisition/Disposition |
Portfolio Management |
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Representative Matters
We’ve assisted private equity clients with the following:
- Representation of a managing partner of a private equity firm who was serving as Chairman of the Board of a company facing alleged federal securities law violations.
- Representation of a private equity firm in a pre-litigation dispute with two of its former employees regarding their separation from the private equity firm to start a new private equity firm.
- Representation of a private equity firm in a lawsuit alleging tortious interference with portfolio company’s employment contracts with executives and former owners.
- Representation of a private equity firm in a complete victory in the arbitration of an earn-out dispute in connection with an acquisition of a healthcare business.
- Representation of a private equity firm in a JAMS arbitration in which our client successfully recovered its investment in media and entertainment assets.
- Representation of a private equity firm in bringing claims against a representation and warranty insurance carrier following our client’s acquisition of a business.
- Representation of a private equity firm in defending against claims for indemnification and fraud following a client’s sale of a business.
- Representation of a private equity firm in a dispute over a purchase price adjustment following a client’s acquisition of a business.
- Representation of an international private equity client in a dispute involving release and indemnification language in a purchase agreement.
- Representation of a private equity firm in a lawsuit involving allegations of fraud and negligent misrepresentation in connection with the sale of a division of a portfolio company.
- Representation of board members of a private equity firm’s healthcare portfolio company in bankruptcy litigation alleging fraud and breach of fiduciary duty.
- Representation of a private equity firm and its building-property portfolio company in Delaware litigation, including compelling the dispute to arbitration.
- Representation of a private equity firm’s portfolio company in connection with the termination of numerous business agreements and related disputes.
- Representation of a private equity firm in a dispute concerning the enforceability and potential breaches of an alleged verbal contract.
- Representation of a private equity firm in an expedited investigation of an accounting issue, including advising the board of directors and developing strategy on litigation risks.
- A favorable settlement for our client’s mortgage-servicing portfolio company in a high-profile putative class action that asserted statutory claims, including the Real Estate Settlement Procedures Act (RESPA), by allegedly refusing to modify residential mortgages in accordance with federal standards.
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