TSL Express Daily News

Post-Pandemic M&A Disputes Environment Characterised by Increased Deal-Related Disagreements and Evolving Areas of Contention  

Launched today, BRG’s "M&A Disputes Report: Five Years in Review – Lessons Learned and Future Outlook" examines the evolution of the M&A disputes landscape since BRG’s research into this area first launched in 2020. 

To understand how the M&A disputes environment has evolved since 2020 and provide expectations for the year ahead, BRG surveyed a select group of disputes and corporate lawyers whose insights have informed the initiative over the years. The resulting report examines trends and shifts over the course of our research and includes guidance for how executives can prepare for what is to come.  

• Private equity involvement adds deal complexity, increasing the likelihood of a post-closing dispute, but dealmakers appear more confident in navigating these challenges than in years past.   

• Purchase price adjustments (PPAs) and termination provisions have been the transaction elements most likely to generate a dispute since 2020. PPAs continue to dominate, but worry over termination provisions is receding.   

• Deal volumes and disputes are both expected to increase in the coming year.    

• Legal teams advise mitigating M&A risks through attention to detail, experienced dispute counsel, clear communication, and in-depth analysis of economic and geopolitical risk. 

The report unpacks these findings and offers crucial insights to help clients, readers, and the broader M&A community understand the underlying causes of disputes and implement strategies to mitigate risk.  

Download the full report here.