In mergers and acquisitions (M&A), expectations of growth and cooperation always go hand in hand with the risk of disputes arising from breach of commitments, capital transfers or post-merger obligations. At that time, M&A litigation can become a strategic measure to protect the value of the deal and the legitimate interests of the business. Recognizing the complexity and specificity of disputes in this field, HM&P Law Firm ("HM&P") has developed a specialized M&A litigation service, combining transactional expertise, understanding of business structures and practical litigation experience to provide clients with a comprehensive and effective solution for their disputes related to M&A.
Why do we need specialized litigation services for M&A?
M&A-related disputes can arise at any stage of the deal and are often highly complex, requiring a parallel understanding of the transaction and the proceedings. Some common situations include:
- Disputes over capital transfer or payment commitments: the buyer/seller fails to comply with the terms of price, schedule or form of payment.
- Conflicts between shareholders: conflicts over voting rights, profit sharing, control, or post-merger obligations.
- Violation of guarantee obligations and post-transaction commitments: arising from providing false information, concealing debts or assets of the target company.
- Disputes over property ownership, intellectual property, contracts, or personnel after the completion of M&A.
- Differences in the application of law and jurisdiction to settle between parties in transactions involving foreign elements.
Having a team of lawyers who are knowledgeable about M&A and litigation at the same time is a decisive factor to help businesses accurately analyze legal risks at each stage of the transaction, build appropriate and feasible protection strategies in court or arbitration, and preserve the value of the deal and the reputation of the business in the market.
The process of providing M&A litigation services at HM&P
1. Early survey and evaluation: Right from the preparation stage or after the M&A transaction is completed, Hm&P conducts a comprehensive review of transaction documents, transfer agreements, security clauses, shareholder records and post-transaction commitments. The goal of this stage is to assess the client's position, identify potential weaknesses and risks early, and propose measures to handle or prevent disputes before they arise.
2. Develop a contingency strategy and contractual terms: Based on the results of the evaluation, HM&P designs a contingency strategy and finalizes the system of contracts, shareholder agreements, capital transfer agreements, etc. The proposed adjustments are made to: (i) optimize customer benefits; (ii) limit the risk of disputes; (iii) prepare the necessary legal basis for dispute resolution in accordance with the overall procedural strategy (in the event that proceedings are compelled to proceed).
3. Procedural stage:
When disputes arise, HM&P implements a comprehensive litigation strategy, including 03 main groups of activities:
- Preparation of proceedings: determination of legal basis; collect and evaluate evidence; advising on the ability to negotiate, mediate or choose an appropriate dispute resolution agency (court or arbitration).
- Conducting proceedings: drafting and preparing lawsuit dossiers or critical documents; to participate in conciliation, dialogue, trial or arbitration session; representing the client in the entire process of working with the dispute resolution agency.
- Develop a litigation strategy: develop a strategy and arguments to prove to protect the interests of clients.
4. Supervision of enforcement and closing of cases: When there is a judgment, judgment or dispute settlement agreement, HM&P continues to accompany clients in the enforcement of legal outcomes, including: supporting civil judgment enforcement procedures or enforcing arbitral awards; supporting administrative procedures arising related to business registration, investments, assets after M&A, etc.
5. Post-transaction and future risk prevention: At the end of the case, HM&P conducts a comprehensive assessment of the transaction and proceedings, prepares a summary report with legal recommendations, and assists the business in establishing an internal control mechanism to prevent recurrence of risks.
For more information about our services, please contact:
HM&P Law Firm
- Address: 7th Floor, ITAXA Building, 126 Nguyen Thi Minh Khai, Xuan Hoa Ward, HCMC
- Phone: +84 28 73080839
- Email: counsel@hmplaw.vn
- Website: https://hmplaw.vn/
Please download the PDF version of Litigation services related to M&A transaction HERE
