Commercial Litigation Update

New episode of our video podcast, Speaking of Litigation: When a merger or acquisition closes, many executives assume the legal work is over.

But as this episode of Speaking of Litigation reveals, signing on the dotted line may be just the beginning.

Avoid post-closing litigation with these issues in focus:

• Earnout Disputes: Learn how a buyer’s actions can intentionally or unintentionally depress earnings, leading to legal battles over unpaid contingent payments.
• Indemnification Risks: Understand why a buyer’s “safety net” can become a legal landmine for sellers, especially when ambiguous deal language is involved.
• Regulatory Surprises: Discover the unforeseen challenges that arise when government investigations begin after a deal closes, forcing buyers and sellers to confront liability for past conduct.

Epstein Becker Green attorneys Jim Flynn, Bob Travisano, and Daniella Lee discuss how to spot the red flags in a deal, the main legal triggers of post-merger disputes, and, most importantly, how to protect your business—whether you’re the buyer or the seller.

Six months from the date of closing. That’s how long acquiring companies have under the newly announced Department of Justice (DOJ) Mergers and Acquisitions (M&A) Safe Harbor Policy to disclose misconduct discovered in the context of a merger or acquisition – whether discovered pre or post-acquisition.  And the acquiring company has one year from the date of closing to remediate, as well as provide restitution to any victims and disgorge  any profits.

Over the last two years, the DOJ has made clear its priority to encourage companies to self-disclose misconduct aiming to ...