Think M&A Litigation Can’t Happen to You? Think Again: What Every In-House Counsel Should Know
Recorded On: 10/08/2024
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The process of mergers and acquisitions can generate a multitude of litigation scenarios, including shareholder suits, post-closing disputes, pricing disputes, and indemnification claims. In-house counsel must be able to navigate these scenarios. This session will examine the pros and cons of using outside counsel, deciding whether or not to litigate claims or settle quickly; and fiscal considerations for your company.
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LockedMichelle Kirkpatrick
Executive Director, Shareholder Advisory
SRS Acquiom
Michelle leads the Shareholder Advisory team of attorneys and accountants handling post-closing issues, including escrow claims, earnouts, working capital, tax, and disputes. She has extensive experience negotiating, mediating, and litigating in various forums.
During her federal clerkship, Michelle participated in over 100 settlement conferences involving a wide variety of claims. Michelle then focused her practice at a leading labor and employment firm, where she specialized in drafting complex employment agreements and advising clients on a broad range of employment issues.
Michelle earned her JD from the University of California, Berkeley (Boalt Hall) and her BA in Political Science from the University of California, San Diego.
Jason Domark
Member
Cozen O'Connor
Jason focuses his practice on complex commercial litigation, with an emphasis on international litigation, fiduciary litigation, and real estate related litigation. Jason has created and managed worldwide litigation strategies for multinational corporations and individuals in disputes involving U.S., European, South American, Caribbean, and Asian jurisdictions. Jason frequently litigates fiduciary duty issues for corporations, partnerships, trusts, professionals, and other entities and individuals. Jason has also represented numerous developers, contractors, and land owners in all manner of real estate related disputes, including construction and design issues, delay claims, turnover litigation, easement rights, and eminent domain proceedings.
Prior to joining the firm, Jason practiced at an international law firm for more than a decade where he served as counsel in numerous multimillion dollar lawsuits managing and conducting all aspects of pleadings, discovery, expert testimony, settlement, pre-trial, trial and post-trial proceedings. Examples include obtaining a $20 million judgment in an international partnership dissolution case, obtaining dismissal with prejudice of a $193 million suit asserted against a charitable foundation, and obtaining summary judgment on multimillion dollar class action construction delay claims asserted against a developer of a luxury condominium.
Jason previously served on the board of directors of Habitat for Humanity of Greater Miami as the Habitat Young Professionals president, president emeritus and networking chair, and served as the RISE Membership Chair for Guitars Over Guns. Jason also maintains an active pro bono practice, having worked on matters for Lawyers without Borders, Lawyers Serving Warriors, the United Nations, Child Rights International Network, Americans for Immigrant Justice, Sprouting Scholars, and others.
Jason received his bachelor’s degree, with honors, from the University of Miami. Jason earned his law degree, magna cum laude, from the University of Miami School of Law and participated in the University of Miami Law Review.
Experience
Real estate litigation
- Won two summary judgment motions on the eve of trial, eliminating an alleged $50 million in breach of contract and breach of fiduciary duty claims asserted against real estate development entities and their directors following the turnover of a community association and golf club.
- Represented a national telecommunications provider in multiple matters related to property rights, including easements, alleged trespassing, eminent domain proceedings, and others.
- Successfully resolved multiple breach of fiduciary duty claims asserted against developers of common interest communities by purchaser classes at turnover.
- Obtained summary judgment on multi-million dollar class action construction delay claims asserted against a developer of a luxury condominium.
- Successfully defended a $30 million, multi-party, construction defect claim involving design, construction, and insurance coverage issues.
International and fiduciary litigation
- Obtained a multimillion-dollar settlement for family members of a decedent asserting undue influence claims.
- Successfully represented a professional trustee in a $60 million charitable trust dispute.
- Successfully defended a foreign wealth advisor facing multimillion-dollar breach of fiduciary duty claims.
- Successfully defended co-trustees of a family trust facing removal and breach of fiduciary duty claims.
- Advised multinational corporations with respect to distribution agreement rights and obligations.
- Replevied multimillion-dollar assets, including airplanes, for several international clients.
- Obtained multiple personal jurisdiction, service, and/or forum non conveniens victories for international clients with limited jurisdictional ties.
- Achieved dismissals with prejudice on behalf of several corporations, as well as their officers and directors, in securities class actions and defended dismissal orders on appeal.
- Successfully defended breach of fiduciary duty, professional negligence, and other claims asserted against accounting firms, private equity firms, officers and directors, wealth advisors, and others.
- Successfully pursued and defended multiple claims brought by or against trustees of charitable and family trusts.
