Institutional Litigation & Consulting
Bates Group’s Institutional team has provided support in many areas of dispute that have arisen from investment banking activities, both in arbitration and in state and federal court. Quite often, disputes arise related to the compensation owed to the investment bank as a result of a particular transaction; in these instances our experts are called upon to conduct an analysis of the agreement between the parties and to opine on the reasonable expectations of each party. In addition, we offer extensive services related to merger and acquisition disputes (and shareholder actions challenging the transaction), especially those that involve multiple jurisdictions, and disputes involving conflicts of interest and adequacy of disclosures.
Our experts have also provided consulting services in which we have evaluated deal structures, opined on due diligence standards, evaluated representations and warranties as well as indemnification, provided guidance related to escrows and earn-outs, and participated in litigation related to material adverse change and enforcement of non-competes and non-solicits.
Our team of industry professionals can also assist with disputes related to capital raising activities (debt or equity raises) and 144a private securities and the associated placement of those securities. Bates Group experts have been instrumental in disputes over fiduciary duties and responsibilities related to M&A transactions, as well as providing key guidance in litigation arising out of large-scale going-private transactions.