As SPAC litigation continues to proliferate, it is more important than ever that officers and directors of companies undertaking a de-SPAC transaction be mindful of litigation risks and adopt strategies for managing them. After all, a de-SPAC transaction—by definition—thrusts a formerly private enterprise into the more litigious world of publicly traded companies.

This presentation will survey the different types of securities and M&A litigation arising from de-SPAC transactions—including Delaware fiduciary duty litigation, federal securities class actions, derivative lawsuits, SEC investigations, and de-SPAC counterparty litigation. It will also address the circumstances and factual allegations commonly giving rise to these types of litigation, with a particular focus on proxy disclosures and short seller reports. Lastly, the presentation will set out steps that companies can take to minimize the risks of litigation during the de-SPAC deal process and after the target has become a publicly traded entity.

CLE pending

Speakers:

• Craig E. Zieminski - Partner
• Jeffrey Crough - Senior Associate