Litigation & Dispute Resolution

In today’s legal environment, even parties with the best intentions can find themselves in disputes arising in the context of transactions.

Overview

Working within the framework of our clients’ strategic, business and financial goals, Massumi + Consoli blends extensive courtroom and arbitral experience with the firm’s leading transactional capabilities to deliver results in complex, novel and high-stakes disputes.

Massumi + Consoli’s Litigation & Dispute Resolution practice works hand in hand with the firm’s corporate team to deliver strategic advice and counsel to clients as they navigate transaction-related controversies. Additionally, we leverage our experience with private equity firms and their portfolio companies to provide resolutions for a broad scope of complex commercial litigation in myriad industries. Our practice is trial-ready and aggressively pursues clients’ objectives. With a unique focus on private equity and M&A dispute resolution, we provide a comprehensive offering to acquisitive clients throughout the entire life cycle of their acquisitions and investments.

 

Our team counsels private equity firms, their portfolio companies, and other dynamic enterprises on a broad range of controversies, including domestic and cross-border deal litigation, corporate governance disputes, securities and shareholder litigation, investigations, labor and employment disputes and other complex general commercial litigation.

 

We excel in matters that require detailed attention, tested experience and a high degree of sophistication. When controversies arise, we deploy a multi-disciplinary team of litigators and deal lawyers to address all critical aspects of our clients’ problems with innovative, commercial solutions aligned with their goals.

 

Our litigators draw upon extensive courtroom experience in the most important business courts in the country, including the Delaware Court of Chancery and the state and federal courts of New York, to help achieve the best result for our clients as expeditiously as possible. The litigation team also frequently appears before arbitrators and mediators in disputes governed by, among others, the American Arbitration Association, JAMS, FINRA, the International Center for Dispute Resolution and other domestic and international dispute resolution tribunals.

 

We counsel clients in all phases of their disputes, including pre-filing investigation and case assessment, fact and expert discovery, legal research, motion practice, trial preparation, trial and appeals. Our integrated approach and emphasis on early trial preparation and readiness allow us to adjust and adapt to the intricacies of litigation. Most importantly, our litigators have a keen understanding of how to prevail.

 

Our experience in complex litigation and arbitration claims spans nearly all industry verticals, including financial services, banking, energy and energy transition, oil and gas, manufacturing, consumer products, health care, pharmaceuticals, technology, software, professional services, real estate and various other sectors.

Private Equity and M&A Litigation

Our team has extensive experience representing private equity firms and other public and private companies in all types of disputes arising out of mergers, acquisitions, financings and other complex transactions, including litigating and arbitrating post-closing controversies, such as purchase price adjustments and earnout disputes, breaches of representations and warranties, representation and warranty insurance-related issues, claims for indemnification and cases concerning busted deals.

 

Often involved from the early stages of a transaction, our litigators partner with the firm’s corporate team to mitigate post-transaction risk and swiftly address any controversies that do arise. This representation continues through all phases of the investment life cycle, from conducting critical litigation due diligence to representing portfolio companies in post-acquisition investigations or litigation, such as matters relating to corporate governance and stockholder derivative suits, securities litigation, fraud, labor and employment and other complex commercial disputes.

Securities Litigation

Our litigators are experienced in handling the full spectrum of securities matters, including M&A and proxy-related disputes, shareholder derivative suits, whistleblower complaints, internal investigations and securities class actions.

Corporate Governance Litigation

We represent public and private companies and their governing boards across a variety of corporate governance and shareholder disputes, including transaction-related litigation, appraisal rights and shareholder derivative suits, books and records demands and breach of fiduciary duty claims, as well as founder disputes and disputes between equity holders.

Commercial Litigation

Our lawyers have significant experience working with private equity firms and their portfolio companies, as well as other public and privately held businesses, to defend and litigate against all types of complex commercial claims, including breach of contract and other contractual disputes, fraud and business torts (including tortious interference claims), labor and employment disputes, such as non-complete litigation, joint venture and partnership disputes, and claims brought under the False Claims Act (FCA), as well as bankruptcy and restructuring-related issues and statutory claims.

Other Areas of Focus

DRAG