M&A disputes arise for a variety of reasons. Alvarez & Marsal’s team of professionals have extensive experience assisting buyers and sellers in avoiding disputes or, if they do arise, successfully settling or arbitrating them.

Our M&A disputes practice is comprised of financial reporting and accounting experts with decades of experience applying GAAP, IFRS, and other accounting bases in such disputes. We work on behalf of buyers, sellers and their advisers as both consultants and expert witnesses. Our professionals also serve as neutral accounting arbitrators to resolve disputes concerning working capital adjustments, earnouts, and other accounting issues.

Closing Working Capital, Cash, and Debt Dispute Advisory Services

• Assistance with the calculation of working capital targets
• Closing balance sheet preparation and review
• Notice of objection preparation
• Evaluation of underlying facts and application of accounting principles
• Post-closing dispute settlement negotiations
• Assistance in selecting a neutral arbitrator and determination of arbitration procedures
• Preparation of arbitration submissions
• Testimony at arbitration hearings
• Dispute resolution as a neutral arbitrator

Earn-out Dispute Advisory Services

• Earn-out calculation and related financial statement preparation
• Earn-out objection identification
• Evaluation of underlying facts and application of accounting principles
• Post-closing dispute settlement negotiations
• Assistance in selecting a neutral arbitrator and determination of arbitration proceedings
• Preparation of arbitration submissions
• Testimony at arbitration hearings
• Dispute resolution as a neutral arbitrator

Breach of Representations and Warranties Dispute Advisory Services

• Identification of information to be requested in discovery
• Assistance in determining liability and causation associated with claims
• Assistance in preparing and filing notice of claims (including insurance claims)
• Damage calculation preparation
• Forensic technology assistance including eDiscovery services, computer forensics, data mining and analytics
• Arbitration and litigation expert testimony
• Opposing expert report review and rebuttal report preparation

Other Acquisition-Related Dispute Advisory Services

• Review of accounting provisions within purchase agreements
• Fraud claims consultation and damage calculations
• Assistance in matters involving material adverse changes
• Purchase accounting and opening balance sheet preparation assistance with respect to contingent claims

RELATED INSIGHTS:

Impacts of Economic Uncertainty on M&A Accounting Disputes
When Differences in Accounting Standards Lead to Post-Acquisition Disputes
Representation and Warranty Insurance
Representation and Warranty Claims
Navigating Post-Closing Purchase Price Disputes
Avoiding Earnout Dispute Pitfalls
Avoiding Working Capital Dispute Pitfalls