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Post-M&A Disputes
How we can help
FTI Consulting’s M&A Disputes Group brings together a unique combination of multi-disciplinary, market leading experts to help clients manage deal value and respond to disputes post-completion. Post-M&A disputes, which range from price adjustments and deferred consideration disputes to breach of warranty and fraud claims, are more common than most participants in M&A transactions may realise.
Macro- or micro-economic factors can intensify the scope for disputes: geopolitical uncertainty, the Covid pandemic, the end of a low interest rate environment, the aggressive return of inflation, and volatility in the energy markets, to name a few. These disruptions and changes meet with a recent record M&A market and subsequent record decline, as well as the growing use of innovative products, such as Warranty & Indemnity (W&I) insurance.
FTI Consulting’s Post-M&A Disputes Group uniquely combines experts with a focus on M&A disputes from our forensic accounting, damages and valuation, technology, and strategic communications practices. This group can assist clients in navigating complex disputes and managing transaction risks that may arise from M&A-and joint venture-related disputes. Our Post-M&A Disputes Group can help clients address high-value questions which may arise at different stages before, during or after completion, including the following situations:
Expert determination
- Are looking to negotiate or resolve a post-M&A dispute (e.g. completion accounts, earn-out) through expert determination?
- Have received an Objection or Dispute Notice from the other party or do not agree with the calculation of the final purchase price or a deferred consideration by the other party?
- Are you looking to appoint an experienced independent accounting expert to resolve a post-M&A dispute?
Warranty or indemnity claims and quantum of damages
- Is there an indication of misstatements in the pre-acquisition financial statements?
- Is there evidence of seller’s misrepresentations or omissions of any other disclosures?
- Is there a requirement to assess the quantum of damages as a result of a breach of contractual obligations?
- Is the transaction insured, and is the insurance case separate from any litigation or arbitration against the seller?
Alleged cases of fraud
- Is there an indication of intentional misrepresentation, the omission of material information, bribery, corruption, or any other acts of fraud?
- Is there a requirement to assess the damages as a result of fraud?
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Meet Our Experts
![Alex Davie](/uk/-/media/images/shared-content/experts/sc/a-c/davie-alexander-color-200x200.jpg)
Alex Davie
Senior Managing Director
London, United Kingdom
![Timothy Gardiner](/uk/-/media/images/shared-content/experts/tech/g-i/gardinertimothycolor200x200.jpg)
Dr. Timothy Gardiner
Managing Director
London, United Kingdom
![John Hudson](/uk/-/media/images/shared-content/experts/flc/d-f/john-hudson-color-200x200.jpg)
John Hudson
Senior Managing Director
London, United Kingdom
![Henry Pannell](/uk/-/media/images/shared-content/experts/econ/m-p/pannel_henry-color_200x200.jpg)
Henry Pannell
Managing Director
London, United Kingdom
![Tim Warren](/uk/-/media/images/shared-content/experts/econ/u-z/warren_tim-color_200x200.jpg)
Tim Warren
Managing Director
London, United Kingdom
![Kami Zargar](/uk/-/media/images/shared-content/experts/econ/u-z/zargar_kami_color-200x200.jpg)
Kami Zargar
Managing Director
London, United Kingdom
![Heiko Ziehms](/uk/-/media/images/shared-content/experts/econ/u-z/zheims_heiko-color_200x200.jpg)
Heiko Ziehms
Senior Managing Director
London, United Kingdom