In high-value mergers and acquisitions, the closing process is often a race to the finish line. Stakeholders on both sides of the transaction work diligently with their advisors to negotiate the last remaining terms and satisfy the conditions for closing, while other individuals work behind the scenes to prepare for as smooth of a transition as possible. If you’re dealing with a high-stakes business acquisition, let an experienced Florida business acquisition lawyer at Searcy Denney help you.
Despite the best efforts of everyone involved, M&A transactions will often lead to post-acquisition litigation. With millions, if not billions, of dollars at stake and everything from intellectual property rights to employee compensation programs hanging in the balance, missteps, failures to anticipate issues and ambiguous contract terms can all lead to high-stakes disputes. At Searcy Denney, our litigators rely on decades of experience in precedent-setting cases to help corporate clients protect their financial interests when these complex disputes arise.
Common Issues in M&A Litigation
With each transaction involving its own unique challenges and complexities, no two post-acquisition disputes are alike. However, there are certain types of issues that tend to surface in M&A litigation, and at Searcy Denney we rely on deep insights from past experience to effectively represent clients in light of the unique facts and circumstances at hand. Our attorneys routinely handle business acquisition disputes before arbitration panels and in Florida’s state and federal courts involving matters such as:
- Breaches of non-competition and non-solicitation covenants
- Breaches of warranties and post-closing obligations
- Customer and vendor contract assignment issues
- Financial covenants and material adverse change (MAC) provisions
- Fraudulent disclosures and misrepresentations
- Indemnification obligations
- Intellectual property licenses and assignments
In post-acquisition litigation, making the right decisions often requires walking a fine line. On one side, buyers and sellers will often need to maintain a working relationship in order to complete a smooth transition and avoid having their deal break down completely. On the other, both parties must be prepared to act quickly when necessary in order to protect their interests and enforce their contractual rights. We are attuned to the intricacies and nuances involved in post-closing matters, and we work closely with our clients to develop litigation strategies that afford due weight to all relevant considerations.
Business Acquisition Disputes – Knowing When to Take Action
With these considerations in mind, knowing not only if, but when to take legal action can often be a challenge. Initiate arbitration or litigation too soon, and you could end all hope of negotiating a mutually-beneficial resolution. Wait too long, and you could jeopardize the company’s goodwill – and possibly its entire business. At Searcy Denney, we help our clients make informed decisions, and we take strategic action to help maximize the long-term value of their transactions.
Speak with a Florida Business Acquisition Lawyer
With offices in Tallahassee and West Palm Beach, a Florida business acquisition lawyer at Searcy Denney is standing by to help represent corporate clients in M&A disputes throughout Florida. If you are anticipating a dispute, or if you are at a point where you need to enforce the terms of your transaction, call (800) 780-8607 or get in touch online to speak with one of our litigators in confidence.