PE and Transaction Disputes: Is Value Being Left on the Table?

This panel will explore the private equity industry’s evolving approach to transaction disputes. Against the backdrop of current market trends, the panel will examine how shifts in deal dynamics, valuation pressures, and exit strategies are shaping the nature and frequency of M&A disputes.

We will consider:

• How current private equity market conditions are influencing post-closing disputes

• The implications of these trends for M&A disputes

• The appetite of PE firms to pursue (or resist) M&A claims, and whether this varies across jurisdictions

• The strategic question: is value being left on the table?

Importantly, the panel will focus on what PE firms should be doing proactively — both pre- and post-transaction — to manage dispute risk while identifying opportunities to enhance value.

Drawing on the collective experience of Kirkland’s Litigation practice and EY’s Disputes practice, our panellists will share practical insights, providing a strategic, commercially focused discussion designed for deal professionals, in-house counsel, and dispute specialists alike.