Clients seek our market-leading advice in all aspects of M&A litigation—where we excel at defending challenges to the largest and most complex mergers and acquisitions.
Clients work closely with us on potential litigation issues from the earliest stages of M&A transactions. In addition, clients appreciate our extensive experience defeating efforts to enjoin transactions prior to closing; resolving claims through reasonable settlements pre-closing; and litigating claims for damages post-closing.
Select recent and ongoing representations include:
- Special Committee of independent directors and a member of the Audit Committee of the Board of Directors of Clearwire in class actions arising out of Sprint’s $3.9 billion acquisition of Clearwire
- Silver Lake in numerous shareholder actions challenging the $24.8 billion acquisition of Dell
- KKR in shareholder actions challenging the $2.6 billion acquisition of KFN
- Office Depot in shareholder actions challenging Office Depot’s $1.2 billion merger with OfficeMax
Over the past two decades, clients have relied on the strength of our practice to resolve some of the most high-profile M&A litigations, including:
- Matsushita in state and federal M&A litigation arising out of its acquisition of MCA Universal, including a successful argument before the U.S. Supreme Court in Matsushita v. Epstein—which established the important precedent that a state court may approve release of all claims arising out of a transaction, including claims brought under the federal securities laws
- KKR in litigation stemming from KKR’s record-setting leveraged buyout of RJR Nabisco
- Paramount Communications at the trial court level and in the Delaware Supreme Court in the widely publicized QVC v. Paramount tender offer litigation
- Paramount Communications in another landmark Delaware Supreme Court case, Paramount Communications, Inc. v. Time, Inc.
- Blackstone-sponsored acquisitions of Hilton, Equity Office Properties Trust, SeaWorld, FGIC, La Quinta, Pinnacle Foods and Polymer Group, among others
In addition, we have advised clients in litigations arising out of all five of the largest LBO transactions ever completed, including the record-setting RJR Nabisco transaction.