The economy is progressively improving and M&A activity is beginning to show signs of improvement. The courts have focused on numerous challenges for valuation experts in M&A transactions. Some involve a failure to close a transaction, but many are over claims of fraud, misrepresentation or breach of warranties or covenants after a transaction has closed. In these types of disputes, the most important question is whether a party will be entitled to seek damages and, if so, the manner in which the damages are to be measured. After the dust settles, however, other questions arise, including: how did we get here and how can we prevent this in the future?
The session will provide insight into emerging trends in mergers and acquisitions following the economic downturn as well as observations and insights into the types of disputes that have emerged in this economy. In this context, the session will provide background on the legal and transactional issues that must be considered during negotiations, drafting of the transactional documents, closing and beyond and an overview of the various legal, accounting, and valuation aspects of disputes over misrepresentations, breaches, earnouts and post-closing adjustments.
Please join our panelists Jim Smith, Partner and Chair of Winston & Strawn’s Securities Litigation Practice; and Jeff Litvak, Senior Managing Director, and Jeremy McGannon, Senior Director, in FTI’s Forensic and Litigation Consulting Practice as they address these issues as well as your questions.
To attend this webcast (the live version is scheduled for Friday, November 7, 2014, at 1 pm Eastern), please register below.