November 29, 2022

Volume XII, Number 333

Preparing for Litigation Resulting from a COVID-Related Busted Deal

Uncertainty continues to loom over the M&A market as organizations that were actively involved in transactions before the COVID-19 pandemic assess risks stemming from reduced valuations, condensed financing options, the inability to fulfill key components of a purchase agreement and other serious issues.

With purchasers, sellers and financers reviewing their rights and obligations, the likelihood of litigation surrounding M&A transactions has dramatically increased, putting interested parties on high alert in preparation for potential disputes. Join us as we cover the evolving M&A issues that the pandemic has created and the tactics you should be considering to position your organization for potential litigation, including:

• Assessing material adverse effect (MAE) or material adverse change (MAC) clauses
• Assessing covenants to operate in the ordinary course, representations and warranties, and termination rights and remedies
• Attempting to negotiate revised terms in deals that have been signed but have yet to close
• Practical considerations in litigating these issues during a pandemic, including remote depositions and depositions
• Developing best practices for future M&A deals so your organization is protected from events similar to COVID-19