Private Equity
We have an extensive background representing private equity firms when those firms are parties to litigation. For example, we have represented many private equity firms in disputes following the purchase or sale of a business. In addition to that work, however, our private equity clients have asked us to assist them with a host of other issues. Given our firm’s diverse litigation capabilities, we have been retained to handle many lawsuits for portfolio companies. For example:
- We represented a national convenience store operator in litigation over the breach of a $1.6 billion supply agreement. The defendant in this case surrendered in the face of a scheduled arbitration hearing and the settlement represented a complete victory for our client.
- We have represented several portfolio companies in litigation involving breach of non-competition agreements by senior executives who have departed the firms following an acquisition.
- We have represented many clients – including private equity portfolio companies – in litigation over misappropriation of trade secrets.
- We have represented portfolio companies in breach of contract and fraud litigation.
In addition to litigation, our background allows us to perform many other services for our private equity clients, including:
- Assistance with due diligence, including review of acquisition agreements and evaluation of a target company’s pending litigation.
- Review and audit of employment agreements, including restrictive covenants.
- Review and analysis of key customer and vendor contracts.
- Developing dispute resolution procedures within company (e.g., employees, shareholders) or between company and vendors, suppliers, etc.
- Review and analysis of employee programs, including stay bonus and incentive programs.
- Review and analysis of protocols to protect trade secrets.
- Review and analysis of indemnification agreements, bylaw provisions and D&O insurance.
- Special counsel to committees of the board, including audit committee, special litigation committee, acquisition committee, or any other committee formed where there may be a conflict or interested party transaction.