November 29, 2022

Volume XII, Number 333

Peter N. Flocos

Mr. Flocos is a litigation partner in the firm’s New York City office. His practice emphasizes litigation that arises out of M&A transactions and corporate governance related litigation. Mr. Flocos began his legal career as a transactional lawyer at Cravath, Swaine & Moore and then became a litigator.

Mr. Flocos regularly litigates and advises clients on a variety of “deal” related disputes, including shareholder class action and derivative suits challenging public company M&A transactions, which often are multi-jurisdictional and involve expedited discovery and injunction proceedings; pre-closing disputes between the buyer and seller in an M&A deal, such as those involving claims by the buyer of fraud or “material adverse effect” and claims that specific performance is or is not available as a remedy; and post-closing disputes between the buyer and seller in an M&A deal, such as those involving claims under indemnity and escrow provisions contained in the transaction documents. He also handles other types of corporate governance and corporate control related disputes. Mr. Flocos has represented Board of Director “independent” or “special” committees considering transactions. He also follows and provides “real time” analysis of high profile M&A and corporate governance litigation for hedge fund and investment bank clients.

Part of Mr. Flocos’s practice involves working with Firm partners in the M&A, corporate governance and capital markets areas with a view to either avoiding litigation or better positioning our clients should litigation ultimately arise. For example, he provides advice from the litigation perspective on transaction structure, the language of merger agreements and stock or asset purchase agreements, and SEC filings.

Mr. Flocos also litigates class action suits arising under the federal securities laws, and litigates and advises clients on a variety of complex business and general commercial disputes.

In addition to his other litigation work, Mr. Flocos represents and advises policyholders in insurance coverage litigation and other coverage disputes, including coverage disputes arising out of M&A and other corporate transactions. A separate curriculum vitae regarding Mr. Flocos’s insurance coverage experience is available on request.

Mr. Flocos teaches M&A on an adjunct basis at the University of Pennsylvania Law School, and is also a frequent public speaker and writer on M&A issues.

Articles in the National Law Review database by Peter N. Flocos