• Breaking Up Is Hard to Do: Is Collaborative Law an Option for Resolving M&A Disputes?
  • September 25, 2014 | Authors: Christian W. Fabian; Brian A. Slade
  • Law Firm: Mayer Brown LLP - Chicago Office
  • Breaking up is hard to do, especially when the corporate romance sours in a merger or acquisition. Post-closing disputes in mergers and acquisitions (“M&A”) are complex, costly and time-consuming. In the courtship stage of an M&A deal, the parties may overlook differences, the seller being intoxicated with dreams of impending wealth and the buyer being blinded by the target’s attractive cash flow. After the completion of the deal, however, the fever may break, and significant disputes may arise. How these post-closing M&A disputes are resolved will impact the parties’ relationship. Post-closing disputes resolved through traditional methods, such as litigation, arbitration or mediation, may leave the parties jaded, bitter and financially exhausted. Is collaborative law—a concept applied successfully in divorces—the answer?