DIS Munich: Post-M&A Disputes

25 February 2025, Munich

The regional group was extremely fortunate to be able to welcome such a distinguished group of panelists, as well as a highly skilled and experienced moderator, for the lively discussion: Peter Ratz of Howden M&A, Viola Sailer-Coceani of Hengeler Mueller, Heiko Ziehms of Ziehms & Schwartz, and Kirsten Schwedt of Schwedt dispute resolution (moderator). The event was graciously hosted by POELLATH in Munich.

The highlights of the discussion included agreement on the approach to the following:

• Cooperation between experts and lawyers: Cooperation between experts and (dispute) lawyers is critical for the successful assertion/defense as well as quantification of claims. Working together effectively from an early stage can have a significant impact on the results of the dispute or settlement negotiations.
• Fraud: Claims are more often based on allegations of fraud rather than a breach of representations and warranties. Proving fraud claims is often difficult even with document production and witness cross-examination. Arbitral tribunals continue to set a high bar for fraud claims, as they should.
• W&I Insurance: The use of W&I insurance has become normal practice in large corporate M&A transactions. In many instances, insured buyers can structure a (synthetic) insurance protection beyond that of the contractual representations and warranties.

After the panel discussion, Poellath was kind enough to invite the approximately 70 participants to drinks and hors d'oeuvres. Thank you, Dr. Eva Nase and Poellath, for being such a generous host!

Paul Salazar
 

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