IBA Annual Conference Rome 2018
7 Oct - 12 Oct 2018
Session Room C, Level -1
Session information
Post-closing claims: when the deal goes wrong
Tuesday 9 October (1430 - 1545)
Committee(s)
Litigation Committee
(Lead)
Corporate and M&A Law Committee
Description
This panel of cross-border litigators and deal lawyers will discuss which representations and warranties in M&A agreements most commonly result in claims for breach. They will examine the most common themes in purchase price adjustment disputes and earn-out disputes; evaluate the most common issues in claims for breach of the covenant not to complete, the covenant not to solicit employees or customers; and the covenant not to disclose confidential information, identify the most typical fact patterns in post-closing fraud claims; and identify winning strategies for pursuing, defending and settling the foregoing claims and disputes.
Session / Workshop Chair(s)
Frederick Acomb | Miller Canfield Paddock and Stone, Detroit, Michigan, USA; Vice Chair, Litigation Committee |
André Dufour | Borden Ladner Gervais, Montréal, Québec, Canada; Senior Vice Chair, Corporate and M&A Law Committee |
Speakers
Michael Coates | Shell, The Hague, Netherlands; Vice Secretary, Corporate and M&A Law Committee |
Paola Lozano | Skadden Arps Slate Meagher & Flom, New York, New York, USA |
Stefano Parlatore | Legance, Rome, Italy |
Robert A Schwinger | Norton Rose Fulbright, New York, New York, USA |