Legal teams advise mitigating M&A risks through attention to detail, experienced dispute counsel, clear communication, and in-depth analysis of economic and geopolitical risk.
Deal volumes and disputes are both expected to increase in the coming year.
Private equity involvement adds deal complexity, increasing the likelihood of a post-closing dispute, but dealmakers appear more confident in navigating these challenges than in years past.
Purchase price adjustments (PPAs) and termination provisions have been the transaction elements most likely to generate a dispute since 2020. PPAs continue to dominate, but worry over termination provisions is receding.
