Lessons Learned from Autopsies of Earn-Out Disputes Earn-Out Provisions – The Next IP Battleground?



Diego Gómez-Cornejo co-authored this bylined article on an aspect of earn-out arrangements in M&A deals that is easily overlooked – the exchange of trade secrets or other confidential business information between the target company and its new parent company. “When encountered in practice, the financial impact on the earn-out metric of recognizing the shared confidential information can be large and unexpected,” the article stated.