Latham securities litigators prevail decisively in high-stakes M&A litigation in the Delaware Court of Chancery and in other state and federal jurisdictions across the country, winning at the preliminary injunction stage, at trial, and on appeal. We handle disputes arising out of public and private company transactions alike, including corporate control litigation, director and shareholder disputes, earn-outs, and breach of contract actions.
We have demonstrated prowess in taking “entire fairness” cases to trial in Delaware — and winning. Before trial, Latham frequently achieves dismissals of stockholder cases through motions to dismiss, and our victories are routinely affirmed by the Delaware Supreme Court.
The leading plaintiffs’ firms in this space know that we will take cases to trial and win. Our track record and reputation before the Delaware Court of Chancery allow us to effectively advocate for our clients’ interests in even the most complex corporate control disputes, hostile takeovers, and activism defense cases.
To ensure that clients are prepared for any such litigation, Latham litigators consult early with potential acquirers, targets, and financial advisors on issues including deal protection measures, conflicts of interest, change-of-control payments, and disclosure obligations. We handle all types of litigation that can arise both pre- and post-signing, including:
We work hand-in-hand with clients to achieve the deal they desire, enforce their rights, and ensure that litigation does not interfere with their business goals. Doing so may mean defeating plaintiffs’ attempts to materially impact the transaction and preserving the shareholders’ ability to vote on the deal or choose whether to tender their shares, or successfully appealing to the courts to enforce or alter the transaction.
An IP team secured a defense win for the Uniswap Foundation in a closely watched DeFi patent case and a Securities and M&A Litigation team obtained a dismissal with prejudice for Pacira BioSciences Inc. in a securities fraud class action.
A Latham Securities and M&A Litigation team secured a Second Circuit affirmance of their prior dismissal on behalf of KPMG, in a major shareholder class action stemming from the collapse of Credit Suisse with alleged damages exceeding US$120 billion.
A Latham Securities and M&A Litigation team secured the dismissal with prejudice of a multibillion-dollar shareholder class action against Docusign related to the software company's post-pandemic growth prospects.