When deals don’t go as planned, you need litigators who understand the transaction—and the business behind it.
Ice Miller's M&A and Private Equity Litigation team represents private equity firms, portfolio companies, and strategic buyers and sellers in high stakes disputes arising out of mergers, acquisitions, and complex investments. Our attorneys bring deep deal fluency and a commercial mindset to disputes across the transaction lifecycle—helping clients protect value, manage risk, and stay focused on investment objectives.
Because we regularly advise both sponsors and deal counterparties—and have represented parties on all sides of these types of transactions—we bring a full picture perspective that sharpens our creativity, anticipates opposing arguments, and produces more effective strategies.
Who We Represent
- Private equity firms and fund sponsors
- Portfolio companies in commercial & governance disputes
- Strategic buyers in post-closing indemnification disputes
- Sellers defending against post-closing claims
- R&W insurance carriers and policyholders
Where We Bring Value
Our M&A and private equity litigation practice is built on a foundation that genuine deal experience combined with trial-ready advocacy.
Private equity focused judgment. We understand how sponsors evaluate risk, structure deals, and define success—and how those priorities differ for sellers and other transaction participants. That perspective informs how we assess claims, shape strategy, and drive outcomes, whether the goal is early resolution or trial ready positioning.
Transaction literate litigation. Our litigators leverage the institutional knowledge gained by deal counsel and often participate in the pre-deal diligence phase to identify and understand existing and potential conflict. The team is proactive in assisting deal counsels with avoiding risk and litigation. If litigation is necessary, the litigation team is well-positioned and prepared to protect the interests of our clients. We know where M&A disputes tend to land and how courts, arbitrators, and independent accounting experts analyze purchase agreements, indemnities, earn outs, and closing conditions.
Practical, efficient dispute strategies. Clients value our ability to identify the issues that actually move the needle. We focus resources where they matter most, balancing litigation pressure with business realities to avoid unnecessary cost and distraction.
Portfolio wide litigation support. Beyond deal specific disputes, we represent portfolio companies in significant commercial litigation, governance disputes, and investor related claims—serving as a consistent litigation partner across the investment lifecycle.
Our M&A and Private Equity Litigation Experience
- Breach of representations and warranties, indemnification, and fraud claims
- Earnout disputes
- Working capital and purchase price adjustment disputes
- Pre closing litigation, including efforts to enforce or terminate transactions
- Representations & warranties insurance
- Sponsor and portfolio company governance and fiduciary disputes
- Transaction related disputes litigated in Delaware and other key state and federal forums, as well as arbitration
- Indemnity disputes
