Going global: the spread of U.S.-style M&A litigation to Europe

Buying or selling any company involves risk and uncertainty. And sometimes even the most strategic and well-planned M&A transaction does not deliver the planned benefits. This is one reason  M&A deals are frequently litigated — 73% in 2017, according to a Cornerstone Research report.

In this special series on M&A litigation, our lawyers on both sides of the Atlantic consider the key issues in this area.

An introduction to claims and damages

We delve into the range of actions available in each jurisdiction and ask lawyers from our offices in Spain, France, Germany, the Netherlands, and the U.S. for an overview of what to expect in M&A litigation. Read the article.

Class actions in M&A: the experience in the U.S. and the Netherlands

Ryan M. Philp of our New York office speaks with Manon Cordewener from our Amsterdam office, about class actions in an M&A context. What are the similarities and differences between the U.S. and EU regimes, and how will class actions develop in Europe? Listen to the podcast:

Directors and officers in M&A litigation

We’ve asked lawyers from our offices in Spain, France, Germany, the Netherlands, and the U.S. to talk about when directors and officers get caught up in M&A litigation. Read the article.

Shareholder litigation in M&A — what you should watch out for

We’ve put lawyers from our offices in Spain, France, Germany, the Netherlands, and the U.S. on the spot. Having asked them to think about when they’ve been up against shareholders in M&A litigation, we asked for pointers you should keep in mind. Jurisdictions differ widely, so we’ll step through them one by one. Read the article.

Shareholder activism in the U.S. and Europe

Olaf Gaertner from our Munich office speaks with Bill Regan from our New York office about shareholder activism. It's landed in Europe, so what can we learn from the U.S. experience? Listen to the podcast:

Getting the Deal Through: M&A Litigation

In addition to these materials, there's more on this subject in Getting the Deal Through: M&A Litigation. More than 20 lawyers from Hogan Lovells – in collaboration with other well-known experts in their field – contributed to this comparative guide to M&A litigation in jurisdictions around the world.

Deal Dynamics

We have partnered with Mergermarket to create Deal Dynamics - a powerful new interactive data tool with exclusive editorial content providing analysis and insights on cross-border M&A. Visit Deal Dynamics for the latest M&A analysis and subscribe to receive quarterly updates.

The M&A Litigation Handbook

The M&A Litigation Handbook (Handbuch Streitigkeiten beim Unternehmenskauf), published in March 2018 by Dusseldorf partner Kim Mehrbrey in the Carl-Heymanns publishing house, is a collaboration by 29 lawyers spanning our LAE, Corporate, IPMT, Tax and Real Estate practice groups, as well as numerous other experienced M&A lawyers, corporate lawyers, tax advisers and auditors from other firms.

It focuses on disputes arising out of M&A transactions and covers the entire life cycle of a deal, starting from the negotiation phase until the post-merger integration. This publication is the first of its kind on the German market, and expected to become the standard for disputes of this kind. Read more.


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