Mergers & Acquisitions Litigation

Latham’s securities litigators consistently prevail on behalf of clients in litigation seeking to block or enforce M&A transactions, whether by shareholder plaintiffs or deal counterparties.

Why Latham

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:

  • Breach of fiduciary duty suits
  • Hostile tender offers
  • Material adverse effect and other “busted deal” litigation
  • Appraisal actions
  • Poison pill cases
  • Proxy contests

Latham securities litigators have prevailed 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 private company transactions as well, including corporate control litigation, director and shareholder disputes, earn-outs, and breach of contract actions.

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. That 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.

Awards & Rankings

  • Latham Recognized Across the Board for Litigation & Trial Prowess - October 14, 2020
  • Latham Ranked Among Top Two Antitrust Practices Globally - June 02, 2019
  • Boston Partner Honored by Massachusetts Lawyers Weekly - May 24, 2018
  • Greater China Practice Honored for Disputes and Finance Work - October 05, 2017
  • Firm Scoops Two US Team of the Year Awards for Antitrust and Environment Practices - August 19, 2014

Latham fields an “excellent team” that is known for being "very creative, very solutions-oriented, highly commercial and with a winning approach. They're very sharp, very plugged-in and really understand the industry." Clients also say Latham’s securities litigators are “very high-quality” and that “across the board, their work is awfully good.”

Chambers USA 2020

Media Coverage

Another Stacked Week of Litigator of the Week Runners-Up and Shout OutsTop Women Lawyers in California: Michele JohnsonDXC Gets Another Merger Stock-Drop Suit Tossed, For Now


Latham Advises Consortium Led by Todd Boehly and Clearlake Capital on £4.25 Billion Acquisition of Chelsea FCLatham Advises Coca Cola HBC on Acquisition of 30% Shareholding into Caffe’ VergnanoLatham & Watkins Represents Rothesay on Landmark Court of Appeal Victory

Thought Leadership

Jurisdictional Issues in Deals Involving Joint VenturesCOVID-19: Due Diligence Considerations for M&A TransactionsItaly’s Liquidity Decree Extends Foreign Investment Regulation in Response to COVID-19