Overview
– Client testimonial in Chambers USA
In the high-pressure environment of private equity deals, disputes are inevitable. Competing stakeholder interests often lead to disagreements over deal terms, governance, post-closing obligations, and working capital and other purchase price adjustment disputes.
Backed by one of the most active transactional practices in the US, McDermott’s market-leading litigators leverage deep knowledge of the private equity industry to resolve disputes, both routine and complex, so you can get back to what you do best – drive growth and maximize investment returns.
Private equity funds and their portfolio companies turn to our private equity litigation and enforcement team to protect their interests across the entire fund lifecycle, from formation to exit. At each stage, our lawyers work in tandem with clients to pursue their business opportunities while mitigating litigation risk. We also advise portfolio companies on how to strengthen their compliance programs to reduce regulatory risk and provide greater defense in the face of a government inquiry.
To protect private equity clients’ confidentiality, we propose strategic alternatives to litigation, including mediation, arbitration, and negotiation. This approach allows our clients the flexibility to resolve disputes outside of the courtroom, preserving ongoing business relationships and minimizing reputational impact.
When alternative dispute resolution is not possible, our first-chair trial lawyers leverage courtroom-tested strategies to defend our clients’ interests in state and federal courts. McDermott trial lawyers allow clients to leverage litigation as a tool to drive business value and preserve and expand returns on investment.
McDermott has over 200 litigators across the US, including a dedicated team in Wilmington. With significant experience in the Delaware Court of Chancery, the leading venue for private equity cases, we are a go-to firm for high-value business disputes.
Capabilities
McDermott lawyers handle a broad spectrum of key litigation issues for private equity firms and their portfolio companies, including:
- Accounting irregularities
- Bankruptcy
- Breaches of representations and warranties insurance (RWI) policies and RWI claims
- Class action claims
- Corporate governance disputes
- Delaware litigation
- Earnout disputes
- Founder disputes
- Investigations
- M&A indemnification
- Trade secrets disputes
- Working capital and purchase price adjustment disputes
