Dechert’s litigators have deep experience handling the most complex claims arising from merger and acquisition transactions, including litigation from transactions with combined valuation in excess of $200 billion.
Recognized Expertise
Consistently ranked in Legal500 and Chambers, our M&A litigators represent both targets and acquirors, as well as boards of directors, officers, and significant stockholders, in litigation filed in the Delaware Court of Chancery, New York courts, and courts across the country. Our expertise includes:
- All forms of significant deal-related litigation, including pre-closing Revlon challenges
- Challenges to stockholder rights plans (a/k/a poison pills) and other defensive measures
- Hostile takeover attempts
- Post-closing suits for damages
- Conflicted controller claims
- Appraisal demands
The team is recognized for its “excellent quality and expertise across key fora, including the Delaware Court of Chancery”.
Comprehensive Litigation Support
Our litigators’ experience also includes representing clients in disputes involving material adverse effect (MAE) clauses, ordinary course covenants and other operating covenants, efforts covenants, earn-outs, and “busted deal” cases—helping ensure that clients achieve their commercial goals and protect their contractual rights.
Integrated Approach to M&A Transactions
Dechert’s litigators work closely with corporate colleagues—from start to finish—to ensure that our clients’ transactions are reviewed under the favorable business judgment rule standard, instead of the onerous standard of “entire fairness”. If needed, our M&A litigators also vigorously defend against any litigation that may be filed—through trial, as appropriate. Even where our corporate colleagues were not involved in the underlying transaction, clients turn to us to defend against complex M&A-related litigation.
