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Disputes over Mergers & Acquisitions
Mergers and acquisitions (M&A) disputes are among the most high-stakes challenges businesses can face, often determining whether a strategic transaction succeeds or collapses. At SJKP LLP, we represent clients in complex, high-value M&A litigation, including cases before the Delaware Court of Chancery — the nation’s preeminent forum for corporate law — as well as federal and state courts across the U.S.
Our securities litigators bring unmatched courtroom experience and industry insight, regularly securing favorable outcomes at key litigation stages: from preliminary injunctions and expedited discovery to full trials and appeals. We are known for our ability to craft creative, business-minded strategies that safeguard client interests even when disputes threaten to derail billion-dollar transactions.
We represent both buyers and sellers in disputes arising from public and private company deals, frequently handling issues involving corporate control, board and shareholder conflicts, earn-out provisions, and contract enforcement. With deep knowledge of both corporate governance and securities litigation, we ensure clients are positioned for success in every phase of M&A litigation.
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1. Mergers & Acquisitions Litigation: Key Types and Categories
M&A disputes arise in diverse forms, each with significant implications for corporate governance, shareholder rights, and transaction execution. At SJKP LLP, we bring experience across the full spectrum of these cases.
- Breach of Fiduciary Duty Suits
We handle stockholder class and derivative actions, including challenges to poison pills, disclosure obligations, and board-level decision-making. Our attorneys provide the nuanced strategies required when directors’ and officers’ fiduciary duties come under scrutiny in contested transactions.
- Appraisal Actions
When stockholders claim that the transaction price is unfair, our litigators vigorously defend clients in appraisal proceedings. We have successfully secured outcomes that validate deal pricing methodologies, often defeating inflated valuation claims.
- Corporate Control Disputes
Hostile takeovers, shareholder activism, and proxy contests can quickly escalate into litigation. We help clients navigate these disputes by balancing litigation with strategic negotiation, protecting board authority while respecting shareholder rights.
- - Contract Disputes
From material adverse effect (MAE) clauses to busted deal litigation, covenant breaches, and indemnification claims, we litigate the full range of contract-related M&A disputes. Our lawyers are adept at both enforcing and challenging deal terms, ensuring that clients’ commercial interests are preserved.
2. Mergers & Acquisitions Litigation: Strategy and Approach
Litigation in the M&A context requires precision, foresight, and business alignment. At SJKP LLP, we focus on early strategic consultations with acquirers, targets, boards, and financial advisors to anticipate disputes before they escalate.
We advise on issues such as deal protection mechanisms, shareholder voting rights, change-of-control provisions, and disclosure obligations. By proactively managing litigation risk, we help ensure that deals proceed with minimal disruption. When litigation becomes inevitable, our attorneys combine trial-tested advocacy with negotiation skills to protect client interests at every stage.
Winning M&A Litigation in Delaware Court of Chancery
The Delaware Court of Chancery is the nation’s most influential venue for corporate disputes, and success here requires not only courtroom skill but also deep familiarity with Delaware corporate law. Our team has extensive experience in this forum, frequently securing dismissals at the motion-to-dismiss stage and prevailing in entire fairness trials.
We have successfully represented clients in disputes involving fiduciary duties, shareholder challenges, and board decision-making, ensuring that transactions withstand scrutiny. This track record has earned our firm a reputation as a trusted litigation partner for companies facing disputes in Delaware and beyond.
3. Mergers & Acquisitions Litigation: Track Record and Recognition
SJKP LLP is recognized as a leading firm in M&A dispute litigation. Opposing counsel know that we are prepared to take cases to trial — and win. This reputation often provides our clients with leverage in settlement negotiations, reducing risk and expediting resolution.
Our litigators are respected by judges and regulators alike, with a proven ability to handle the most complex and high-profile disputes involving:
- - Corporate control battles and hostile takeovers where billions of dollars and corporate futures are at stake.
- Activism defense strategies, ensuring boards can pursue long-term strategies without undue disruption.
- Earn-out and post-closing disputes that require detailed financial and contractual analysis.
- Appraisal litigation where valuation methodologies can significantly impact shareholder recoveries.
Our track record is defined not only by courtroom victories but also by our ability to resolve disputes in ways that preserve corporate value, minimize disruption, and protect long-term strategic objectives.
4. SJKP LLP as Your Litigation Partner in M&A Disputes
M&A disputes require a delicate balance of legal strength, commercial understanding, and strategic foresight. At SJKP LLP, we provide exactly that balance, ensuring our clients can defend their deals, protect shareholder value, and maintain business momentum.
Whether confronting fiduciary duty challenges, navigating Delaware appraisal actions, or managing cross-border corporate control disputes, our team brings trial-readiness, regulatory knowledge, and business fluency to every case. Clients choose us because we don’t just litigate — we align legal strategies with business priorities to deliver outcomes that matter.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
