Post M & A Litigation

When the economic framework following an M&A transaction change, both purchaser and seller often tend to adjust the transaction result retrospectively. We therefore do not consider the possibility post M & A litigation a mere accessory matter. Much rather, we believe that the possibility of having a court of law or an arbitration body examine the equivalency of an M&A purchase agreement is a strategic means for asserting your economic goals.

Since the procedural requirements of litigation can be critical for winning or losing especially with regard to international transactions, our procedural law experts are always part of the team when it comes to preparing the respective clauses of an agreement. This will ensure an ideal strategic starting point in the event of following legal disputes.

However, our Post M&A Litigation expertise provides a real added value even if Sonntag & Partner was not part of the original transaction:

• Should you as the purchaser feel like you have been taken to the cleaners once the acquisition is done with, we will analyse the facts and circumstances with you and show you all possible options for asserting your rights. In this respect, Sonntag & Partner’s interdisciplinary character is of real benefit for the client, as it enables the thorough examination of the actual economic situation of the acquired object (post closing due diligence investigation) and smooth transition of these results for use in litigation in one stop. You can rest assured that we investigate the matter independently and free of any conflicts of interest. We will therefore keep tabs on possible liability issues of your transaction advisors for any malperformance at all times.
• Should you as the seller of an enterprise be confronted with purchaser claims, we will prepare an effective defence strategy with you. We will use a clear communication strategy to meet any possible damage to your image through unjustified accusations and will not back away from criminal prosecution if necessary. If required, we will save the documentation of the clarification as well as the documents presented to the acquiring party. Thanks to our modern case management software, even large amounts of data do not pose a problem.
• Well-known investment companies resort to our expertise in post M&A cases on a regular basis. Some of the post M&A cases we recently handled include:
• Representing investment companies in a legal dispute against a liquidator for alleged aiding and abetting an existentially annihilating interference (EUR 21.5 million) 
• Defending investment companies against claims for alleged breach of warranty of an acquisition against the Austrian purchaser (EUR 3.2 million)