M&A Litigation

Protecting You During and After the Deal

We serve as trusted counsel in navigating the complexities that can arise after a deal closes—particularly in private equity and private company transactions. Our litigation team has a strong track record of resolving high-stakes post-closing disputes, with a focus on the middle market where deals are often fast-moving and highly negotiated.

We work seamlessly with our transactional and regulatory colleagues to bring a holistic, deal-informed approach to every matter. Our deep understanding of deal dynamics—combined with courtroom credibility—allows us to protect our clients’ investments and enforce their rights when deals don’t go as planned.

Awards

Super Lawyers

5 attorneys named Massachusetts Super Lawyers (2020)

Super Lawyers

35 Litigation attorneys recognized (2020)

U.S. News and Best Lawyers®

Practice ranked National Tier 1, Regional Tier 1 in Boston & New York, Regional Tier 2 in San Diego, Commercial Litigation, “Best Law Firms” (2020)

Our Experience

Mintz Obtains Second Circuit Win on Behalf of Airport Spa Retailer

Mintz represented XpresSpa Group, Inc. before the Second Circuit Court on appeal from the SDNY. Appellants sought to overturn the SDNY decision granting XpresSpa summary judgment and an earlier decision dismissing all of the appellants’ state law claims.

150+

litigators from coast to coast

Mintz Obtains Outright Defense Verdict for Encino Motorcars in Contract Dispute

In litigation arising from the sale of a prominent top-performing Mercedes-Benz dealership and related real estate, Mintz secured a complete defense verdict for sellers Encino Motorcars, Inc. and its owners. The court ultimately awarded Mintz's clients nearly $3.1 million in attorney fees and costs.

Our Approach

From Fortune 100 companies to innovative biotechs, we've worked with organizations of all sizes to resolve M&A disputes. We've handled cases concerning appraisal rights, breach of representations and warranties, breach of contract, breach of fiduciary duty, purchase price adjustments and earn-outs, third-party/indemnification claims, escrow, and successor liability. We've successfully litigated in state and federal courts across the country. And we have an extensive list of positive outcomes in the Delaware Chancery Court.

At the end of a deal, management would prefer to focus on the new business, not litigation. We help you craft a litigation strategy that's as aggressive as needed to bring a swift, successful resolution to the matter — allowing you to refocus on your business.

Areas of Focus

Earn-out disputes and valuation disagreements
Alleged breaches of representations and warranties
Indemnification claims and escrows
Fraud and misrepresentation claims arising from M&A activity
Disputes involving closing conditions and purchase price adjustments
Conflicts among co-investors or former owners post-acquisition
Issues stemming from regulatory or compliance obligations identified post-closing
Disputes involving management or founder retention agreements

National Reputation

National reputation as a go-to firm for high-stakes litigation sealed by numerous significant victories.

SPAC LITIGATION AND RISK MANAGEMENT

Our team is prepared to advise on disputes arising from SPAC transactions including:

SEC enforcement actions related to insufficient disclosures
Breach of fiduciary duty claims
Shareholder exercise of appraisal rights
Proxy and post-merger litigation

What Our Clients Are Saying

They are very proactive and responsive, and they are making an effort to understand our business and the requirements of the business units for the litigation involved.

ClientBTI Client Satisfaction Interview

Meet Mintz

Our attorneys have successfully litigated in state and federal courts across the United States. And we have an extensive list of positive outcomes in the Delaware Chancery Court.