Overview
The ownership, control, and financing agreements made within the private capital arena often involve multiple parties and jurisdictions, detailed side arrangements, extensive modeling, and sophisticated structuring — which means that when disputes occur, they are rarely straightforward.
Our complex commercial and investment management litigation practice combines the firm’s extensive litigation experience with the capabilities of our other practices and practice groups — including structured finance, mergers and acquisitions, and investment management — to provide clients with representation that draws on both broad legal experience and a detailed understanding of the mechanics of the underlying assets, issues, and agreements. This multifaceted perspective allows us to successfully litigate matters involving novel legal theories and innovative structures and financial products.
Because we are focused on our clients’ commercial objectives throughout the litigation process, we know that a favorable resolution is often best reached through negotiations outside the courtroom. At the same time, our lawyers have tried hundreds of cases at the trial and appellate levels in state and federal jurisdictions, and we are often brought in when high-stakes disputes move to litigation.
Areas of focus
- Class actions and multi-district litigations (MDLs)
- High-stakes contract disputes, including matters involving financing, joint venture, research and development, and licensing agreements
- Disputes concerning corporate ownership and governance, including shareholder agreements, tender offers, proxy contests, consent solicitations
- “Business divorce” cases involving partnerships, LLCs and closely held corporations
- Breach of fiduciary duty claims, including derivative suits challenging the actions taken by officers and directors of publicly held and private companies
- Business torts, fraud claims, and aiding and abetting claims
- Internal investigations
- Alter ego claims relating to portfolio companies and their private equity sponsors
- Fraudulent conveyance actions challenging the validity of transfers made in connection with corporate transactions, including LBOs
- Trade regulatory and antitrust matters