BODENHEIMER routinely handle post-M&A disputes. Such disputes often focus around

  • representations and warranties,
  • material adverse change (MAC) clauses,
  • purchase-price adjustment clauses, or
  • earn-out clauses.

BODENHEIMER Representative Matters as Parties’ Counsel

Represented a German distributor in an ICC arbitration against two French tech companies on, inter alia, the effects of an Asset-Purchase Agreement on the client’s contractual relationship

Advised a U.S. manufacturer of medical devices on the prospects of threatening ICC arbitration proceedings in a contentious matter against a German distributor, taking into account the preceding transaction between the client and the former operator of the business line in question (an Irish company)


BODENHEIMER Representative Matters as Arbitrators

Acted as co-Arbitrator in a DIS arbitration between a German private shareholder against a German consultant for the IT industry revolving around corporate claims, with German Law as the governing law and Leipzig as the place of the arbitration (Dr Rouven F Bodenheimer)

Acted as Co-Arbitrator in a DIS arbitration between two German parties, a seller of shares and a buyer of shares, revolving around post-transaction corporate claims, with German law as the governing law and Frankfurt as the place of the arbitration (Axel Benjamin Herzberg)