Mergers & Acquisitions Litigation
Kessler Topaz’s Mergers & Acquisitions Department actively represents investors in actions alleging that corporate fiduciaries have agreed to transactions that are unfair to their shareholders either in price or process. The Firm has achieved substantial recoveries in many of these cases: both billions of dollars in increased merger consideration, as well as substantial modifications to non-monetary deal terms that maximize shareholder value. Many of these victories have been achieved long after the deal is closed, after the M&A team and their valuation experts have spent years building their case. Unlike many of our competitors, the M&A group has demonstrated that it can bring a massive transactional case to trial – and win, as it did in In re Southern Peru Copper ($2.3 billion recovery after trial and appeal). In matters both large and small, this aggressiveness and demonstrated trial-readiness has allowed the M&A group to recover millions of dollars of increased merger consideration through settlements prior to (but often on the doorstep of) trial.