Is the Deal Done? Litigation After Mergers and Acquisitions

Is the Deal Done? Litigation After Mergers and Acquisitions

From Speaking of Litigation Podcast by Epstein Becker Green

September 9, 2025 · 23 min · Season 1 · Episode 19

About this episode

This episode discusses the potential legal issues that can arise after a merger or acquisition closes, including earnout disputes, indemnification risks, and regulatory surprises.

When a merger or acquisition closes, many executives assume the legal work is over. But as this episode of Speaking of Litigation reveals, signing on the dotted line may be just the beginning. Avoid post-closing litigation with these issues in focus: Earnout Disputes: Learn how a buyer's actions can intentionally or unintentionally depress earnings, leading to legal battles over unpaid contingent payments. Indemnification Risks: Understand why a buyer's "safety net" can become a legal landmine for sellers, especially when ambiguous deal language is involved. Regulatory Surprises: Discover the unforeseen challenges that arise when government investigations begin after a deal closes, forcing buyers and sellers to confront liability for past conduct. Epstein Becker Green attorneys Jim Flynn , Bob Travisano , and Daniella Lee discuss how to spot the red flags in a deal, the main legal triggers of post-merger disputes, and, most importantly, how to protect your business—whether you're the buyer or the seller. - Visit our site for related resources and email contact information: https://www.ebglaw.com/split19 Subscribe for email notifications: https://www.ebglaw.com/subscribe . Visit…

People in this episode

Guests: Jim Flynn, Bob Travisano, Daniella Lee

Topics covered

  • post-merger litigation
  • mergers and acquisitions
  • legal disputes
  • earnout disputes
  • indemnification risks
  • regulatory challenges

Keywords

  • merger
  • acquisition
  • litigation
  • earnout
  • indemnification
  • regulatory
  • legal risks
  • business protection

Mentioned in this episode

Organizations: Epstein Becker Green

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