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Find Lawyers in America for Litigation - Mergers and Acquisitions
Practice Area Overview
The litigation practice relating to mergers and acquisitions (“M&A”) can include numerous types of claims and proceedings. The most common type of litigation involves suits by stockholders seeking to enjoin or challenge a proposed M&A transaction based on alleged unfairness of the transaction price, flaws in the process resulting in the transaction, and/or deficient disclosures relating to the transaction. Also common are suits by one of the parties of the transaction to enforce their rights, or require the other party to comply with its obligations, under the operative agreements. The legal claims raised in M&A litigation can implicate corporate and fiduciary law and contract principles, as well as federal securities laws. M&A litigation frequently involves expedited proceedings in which the claims need to be decided (at least on a preliminary basis) before the challenged transaction is scheduled to close or be submitted to a stockholder vote. In light of the fact that M&A litigation often entails expedited proceedings relating to very large transactions, the litigation can involve large teams of lawyers who have a significant amount of experience with M&A transactions and the related agreements. Moreover, because many corporations and other types of entities are organized under Delaware law, many of the high profile M&A cases are filed in the Delaware Court of Chancery, which has extensive experience in deciding such cases and has issued numerous opinions providing guidance as to the applicable legal standards.
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Richard Aguilar is resident in the firm's New Orleans office. His multi-state practice focuses on bringing his extensive business experience to bear for clients dealing with issues in areas involving creditor's rights, foreclosure, bankruptcy, reorganization, and high-consequence business and commercial litigation.
Bill Banowsky focuses his practice on complex business litigation and arbitration, securities litigation, and corporate governance investigations. He also represents national and international energy industry clients in various disputes involving contract rights and business torts. In recent years, he has become involved in numerous disputes representing healthcare providers including hospitals, ambulatory surgery centers, medical device suppliers, physician groups and ancillary providers. Mr...
David A. Barkus focuses his practice on mergers and acquisitions and private equity. David's industry experience includes aviation and aerospace, computer software and information technology, construction, consumer products, education, energy, food and beverage, franchising, gaming, health care, and restaurants.
Roger E. Barton is the Managing Partner of Barton LLP. He applies his management expertise and over 30 years of experience to leading a firm that is dedicated to providing its clients with quality and results through a practical and business-minded approach. Roger is an accomplished litigator with an international reputation for achieving outstanding results for his clients. He has been rated by The American Lawyer, Corporate Counsel Magazine and the National Law Journal as one of the Top Com...
Sam Baxter is a principal in McKool Smith's Marshall and Dallas offices. He is a former Texas state district judge and district attorney for Harrison County, Texas. Few people know the Eastern District of Texas—an important venue in intellectual property litigation—as well as Sam does. His unique ability to connect with jurors and skillfully cross-examine witnesses has helped him secure significant verdicts for clients. Four of these victories have been recognized in The National ...
Kevin represents a diverse clientele in virtually all aspects of the energy industry. With a background in petroleum geology, he has operated and participated in oil and gas exploration and development projects across North America. As a transactional lawyer, he has represented owners and operators with documentation, due diligence, and business counseling for acquisitions and divestitures and for exploration and operation. As a trial lawyer, he has represented plaintiffs and defendants, both...
Ronald Berenstain, a partner in the firm's Litigation practice, has been lead counsel in scores of high-stakes securities and corporate governance cases for more than 30 years. His practice is focused on representing public companies and their officers and directors, as well as underwriters and accountants in shareholder class action litigation, shareholder derivative litigation, merger and acquisition litigation, Employee Retirement Income Security Act (ERISA) class action litigation, Securi...
Robert Bieck is special counsel in the Litigation Practice Group. He focuses on securities and other regulatory compliance and enforcement defense, and capital markets products and corporate governance litigation. Rob represents securities brokers, banks and other financial institutions, and corporations, as well as their directors, officers, and other employees, in matters arising under federal and state securities laws, general corporate laws, banking laws, and the Employee Retirement Incom...
A seasoned litigator and certified mediator, Phil Brown handles complex disputes—in business, trade secret, employment, zoning, security and appellate cases—with creative and effective strategies that have won him the respect of other attorneys and the appreciation of his wide-ranging clients, both plaintiffs and defendants. Since his career began over 20 years ago at the internationally recognized law firm Skadden, Arps, Slate, Meagher & Flom, Phil's skills have helped him ac...
Jon is a commercial litigator with experience in litigation of supply chain disputes, asset purchase agreements, franchise agreements, and other business related litigation. Jon also has a substantial practice in securities dispute, including litigation and arbitration of securities and investor disputes, in which he has successfully represented investors and broker-dealers. His experience on sophisticated matters includes bringing cases to summary judgment, trial, and courts of appeal. Jon i...
Scott Carlton is a Partner in the Litigation Department of Paul Hastings and is a member of the Securities Litigation and Complex Litigation Groups. His diversified practice focuses on complex litigation, internal investigations, and appellate matters. Mr. Carlton has substantial experience representing and advising public and private companies and individual officers and directors in connection with the federal securities laws, state blue sky laws, and privacy law. These matters include gove...
Michael L. Chapman is a member of Holland & Knight's senior management team, serving as the firm's general counsel. In this role, Mr. Chapman is legal advisor to management and the firm's Directors Committee and works to ensure that the firm operates in full compliance with all legal requirements, bar ethics standards, its partnership agreement and core principles. For more than 20 years, Mr. Chapman has practiced as a commercial trial lawyer. He has extensive experience handling disputes...
Anthony W. Clark heads Skadden’s corporate restructuring and bankruptcy litigation practice in Wilmington, Del., and represents debtors, creditors and acquirers. He also handles corporate, securities and general litigation matters. Mr. Clark’s Chapter 11 debtor representations include: Refco Inc.; Accuride Corporation; Central European Distribution Corporation (named as the “Chapter 11 Reorganization of the Year (Over $1 Billion)” for 2013 by The M&A Advisor); Exid...
For more than 25 years, Patrick has represented clients in complex litigation and appellate matters in both federal and state courts. He has extensive litigation and trial experience with cases involving fiduciary litigation, estates and trust litigation, non-compete agreements, contract disputes, business valuations, business dissolution, employment disputes, business torts, intellectual property, products liability, real estate litigation, professional malpractice and other business dispute...
Gary Cruciani is a Principal in McKool Smith’s Dallas office. He has handled complex commercial litigation for a wide variety of clients for more than 20 years. His commercial litigation expertise includes antitrust claims, oil & gas contracts, tax disputes, intellectual property and trade secret matters, construction claims, breach of fiduciary duty and partnership disputes, and general contract cases. Mr. Cruciani’s courtroom track record includes representing both plaintiff...
Mark A. Cunningham is a partner in the Litigation Practice Group and co-team leader of the corporate compliance and white collar defense team. Mark provides strategic advice to clients on competition and trade issues related to the structuring of national and global distribution networks, joint ventures, mergers and acquisitions, and intellectual property protection. Mark also serves as first-chair trial counsel for companies and individuals under law enforcement scrutiny or facing bet-the-co...
Rick has more than 30 years' experience as a trial lawyer in a diverse practice that includes workers' compensation, personal injury, medical malpractice, securities fraud, probate disputes and more. He represents clients in commercial disputes, including judicial dissolution of businesses, minority shareholder oppression and accounting actions involving corporations, partnerships and family businesses. Additionally, he is a South Carolina Supreme Court Certified Circuit Court Mediator. Born ...
Robert Duffy is a founding shareholder of the firm. With close to three decades of experience, Bob has handled federal and state court trial and arbitration litigation throughout the United States. His diverse and complex business litigation and trial practice includes a focus on intellectual property — including patent and ERP software — as well as construction, fiduciary, shareholder, M&A, and health care. His wide array of clients range from financial services companies to ...
Steve English has more than 35 years of jury and non-jury trial experience representing both plaintiffs and defendants. He has successfully tried over 100 cases to verdict. His trial experience includes business disputes, commercial torts, environmental claims, trade secrets, securities, breach of contract, directors' and officers' liability and product liability claims. He has served as national, regional and Oregon counsel for international businesses and manufacturers. He has broad experie...
Scott Fletcher is one of the leading securities litigation and enforcement attorneys in the country. He represents institutions and individuals in securities, commercial, and bankruptcy litigation; government enforcement actions; and internal investigations. Before forming his own firm, Scott was co-head of the securities litigation and enforcement groups at Jones Day and at Vinson & Elkins. For more than 30 years he has represented clients in matters ranging from routine securities litig...
Jeffrey J. Greenbaum, Chair of the Firm’s Class Action Practice Group, is an active litigator and trial attorney in the Federal and State Courts with a specialty in complex business litigation and in defending class action litigation. He has handled cases of national prominence, chaired the ABA Section of Litigation Class Actions and Derivative Suits Committee and is a frequent lecturer in the class action field. He has handled numerous matters involving securities, RICO and consumer fr...
Mason Hogue is a partner in the Corporate Group of Nelson Mullins Riley & Scarborough LLP where he serves as Assistant Corporate Group Leader and is the co-head of the Technology and Procurement Industry Group. Mr. Hogue is a business attorney and often serves as outside general counsel to growth companies. He practices in the areas of corporate law, intellectual property law, technology law, and economic development. His area of focus is representing growth companies with respect to corp...
Experience Mr. Horton has been trying lawsuits for over 25 years. He primarily practices in the areas of business and commercial disputes, employment law, and real estate cases. Many cases are related to the automobile industry. Bill is certified as a Civil Trial Specialist by the National Board of Trial Advocacy, the foremost national organization to certify trial skills. In business litigation, Bill has tried numerous shareholder disputes, claims of misappropriation of trade secrets, breach...
As the son and namesake of a well known and revered legal legend, Coyt has always had big shoes to fill in the legal community. He hit the ground running in his law practice and never looked back. Coyt has embraced and exceeded the high expectations that come from his name as a Texas trial lawyer. “Coyt has a unique combination of tenacity, creativity, and perspective, says Johnston Tobey Baruch co-founder Randy Johnston, also his father. “Everything he does is set against the bac...
In 2022, D Magazine named Randy to its inaugural Best Lawyers Hall of Fame. Randy commemorated the occasion by writing and recording a song about his legal career. That wasn’t surprising; Randy is a published poet, songwriter, and passionate guitar player. He also is the father of eight children. His wife, architect Tricy Magadini, remodeled a previous headquarters building of the JTB team. He is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and handles c...
Abbey Kaplan is a seasoned trial lawyer known for taking on complex cases and crafting creative strategies for tackling the most complicated legal issues in commercial litigation and business tort cases. A Founding Member of Kluger Kaplan, Abbey has extensive experience handling partnership and corporate breakups, real estate development disputes including banking and broker controversies, professional liability disputes, corporate finance issues, contract disputes and intellectual property. ...
Brad Kimbro , executive partner of Holland & Knight's Tampa Bay region, is a trial lawyer whose practice emphasizes commercial litigation, including actions involving contract disputes, fraud, shareholder disputes, dissenters' rights, directors' and officers' liability, securities, real estate, business torts, non-competition agreements, petroleum marketing, creditors' rights, construction disputes, and environmental litigation. Mr. Kimbro is a certified public accountant licensed in the ...
Kerri Kobbeman works primarily in the litigation, labor and employment, and corporate practice groups. Ms. Kobbeman has been engaged in a broad range of labor and employment matters, including the defense of wrongful discharge and discrimination actions as well the enforcement of contractual covenants relating to employment obligations. Ms. Kobbeman has defended clients in a number of FLSA class/Collective actions, a WARN Act class action, and multiple single-plaintiff retaliation and discrim...
Jim Lehman is the Managing Partner of the Firm. In addition to his management responsibilities, he practices in the areas of business and securities litigation, white collar investigations, and professional liability. Mr. Lehman has also served in senior executive management positions. In 2001, he joined Safety-Kleen as Senior Vice President, General Counsel and Corporate Secretary, which at the time was one of the largest bankruptcies in US history. In addition to his Firm responsibilities, ...
Paul J. Lockwood engages in securities litigation in Delaware and throughout the country. He defends corporations, their directors or their advisers in derivative and class action lawsuits relating to accounting issues, mortgage-backed securities, proxy contests, public offerings, and mergers and acquisitions. Mr. Lockwood also has litigated disputes concerning bond indentures, partnerships, joint ventures, trusts and LLCs. A few of the cases that Mr. Lockwood has participated in have include...
Craig H. Lubben is a Member of the firm and has been practicing law since 1981. Mr. Lubben’s practice is focused on representing business entities, executives, medical professionals, and other individuals in commercial disputes in state and federal court and in various alternative dispute forums. Employment and Workplace Disputes Mr. Lubben possesses extensive experience representing employers in complex workforce controversies, including harassment, discrimination, breach of fiduciary ...
Sam Mabry is an experienced litigator and shareholder in Haynsworth Sinkler Boyd's Greenville office. Sam defends clients in class actions, business, commercial and financial services litigation and products liability actions involving drugs and medical devices. Sam has also handled employment contract disputes and patent and trade secret litigation.
A trusted adviser and passionate advocate, John Maley is skilled in advocating before trial and appellate judges, juries and mediators who rely upon his assessment of the case at hand. Whether on attack or defense, John’s understanding of diverse industries and the sophisticated legal issues that permeate complex disputes is at the core of his success as a litigator and trial attorney. John regularly represents publicly traded and private companies in regional and national litigation, t...
A trial lawyer, Jim Maloney began his career in 1975 by trying personal injury and products cases for the Southern Pacific Railroad Co., the Texas Farm Bureau Insurance Companies, Bridgestone/Firestone and the Ford Motor Company. Beginning with T. Boone Pickens and Mesa Petroleum Company in the early 1980’s, he has represented clients in many uninvited or hostile acquisition efforts involving publicly-traded companies. More recently, he has frequently been called upon to advise and to r...
Mr. Masinter's practice focuses on contentious, complex litigation while concentrating primarily in the areas of business litigation, and securities litigation and arbitration. He also handles cases involving corporate disputes, breach of contract claims and unfair trade practices. Mr. Masinter is Chair of the firm's Litigation Section and Co-Chair of the Securities Practice Group. He joined Stone Pigman in 1990.
Chris McGrath is the Chair of the Orange County Litigation Department at Paul Hastings and is based in the firm's Orange County and San Diego offices. His practice encompasses complex business litigation on behalf of public and private companies in state and federal courts. In particular, Mr. McGrath focuses his practice in securities litigation, class actions and complex corporate litigation, defending companies, pension funds, hedge funds, officers, directors, financial institutions and und...
Rick’s practice is focused on representing companies and individuals involved in complex litigation matters. Rick is experienced in a variety of high-stakes litigation areas, including complex commercial litigation, intellectual property litigation, securities claims and derivative litigation, fiduciary obligations, and corporate governance disputes. Rick has handled all phases of complex litigation from investigation through trial and appeal, as well as in arbitration and mediation. Ri...
Jim McLoughlin brings commitment, passion, and more than 35 years of cutting-edge experience to the civil disputes, criminal investigations, and trials that he strives to resolve for clients. Jim’s critical thinking, relentless preparation, and experienced perspective delivers effective results for clients. Jim has dedicated his career to winning civil and criminal cases. He has litigated for clients in state court, federal court, and in arbitration across the country. He has litigated ...
For more than two decades, Edward B. Micheletti has successfully represented clients in significant business litigation matters at both the trial court and appellate levels in Delaware. A former head of the litigation practice in Skadden’s Wilmington office, he is a senior litigator with a vast breadth of experience in M&A litigation. Mr. Micheletti repeatedly has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business , The Best Lawyers in America ...
Stacey Nakasian has over twenty-five years’ experience litigating complex commercial issues. She is known for her proactive and tenacious approach that achieves results and advances her clients’ needs and goals. She crafts litigation strategies tailored to her clients’ business objectives. She has prevailed in a wide range of cases including director and officer liability claims and shareholder disputes, fiduciary liability cases, intellectual property lawsuits and non-compe...
Bill Narwold has advocated for corporate accountability and fiduciary responsibility for nearly 40 years, representing consumers, governmental entities, unions and institutional investors. He litigates complex securities fraud, shareholder rights and consumer fraud lawsuits, as well as matters involving unfair trade practices, antitrust violations and whistleblower/qui tam claims. Bill leads Motley Rice's securities and consumer fraud litigation teams and False Claim Act practice. He is also ...
Carolyn Nussbaum is a partner in the Commercial Litigation group, and a member of the Securities and Governance Litigation team as well as the Class Action team. Carolyn represents companies and their management and leaders who confront business disputes. She is also the Managing Partner for the Rochester office of the firm, where she oversees policies impacting nearly 300 employees. What do you focus on? I concentrate my commercial litigation practice in four main specialized areas, using mo...
Terence O’Toole is a Director of the Starn O’Toole Marcus & Fisher law firm. He manages the firm’s litigation department and has over 50 years of experience in the area of commercial and complex litigation. Mr. O'Toole has been recognized by The Best Lawyers in America ® , as a "Lawyer of the Year" in Honolulu in the practice areas of Bet-The-Company (2011, 2019, 2023) , Banking & Finance Litigation (2012, 2015, 2024) , Appellate Practice (2014, 2018, 2022, 2024)...
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