Mintz secured a judgment of more than $13 million on behalf of the private equity buyer of a software company in an acquisition dispute involving breach of contract and fraud claims. The judgment marks a comprehensive victory for our client, which prevailed on all claims.

The case arose from our client’s purchase of a software company. After the sale closed, the sellers sued our client for declining to release money held in an escrow account while our client’s indemnification claims were pending. Mintz filed cross-claims against the sellers for breach of contract and fraud. After a seven-day trial in California, the court ruled against the sellers on all claims and in favor of our client on all claims. The court also awarded Mintz’s client its attorneys’ fees. Even though the trial took place in California, the case involved application of Delaware law, which governed the parties’ acquisition agreement. This case is another example of Mintz’s ability to take complex post-transaction disputes to trial and win—and of our strong track record representing private equity firms and their portfolio companies in high-stakes M&A litigation.

The Mintz team was led by Members Alec Zadek and James Rapore, and included Associates Leigh Colihan, Mitchell Clough, Paige Adaskaveg, and Aaron Megar. The case was tried before the Honorable Daniel S. Murphy in the Los Angeles Superior Court.

About Mintz 

Mintz is a litigation powerhouse and business accelerator serving leaders in life sciences, private equity, energy, and technology. The world’s most innovative companies trust Mintz to provide expert advice, protect and monetize their IP, negotiate deals, source financing, and solve complex legal challenges. The firm has 600 attorneys across offices in Boston, Los Angeles, Miami, New York, Washington, DC, San Francisco, San Diego, and Toronto.