M&A Post-Closing Claims for Breaches of Reps and Warranties: Strategies for Pursuing or Defending Recovery

Mr. Tolmaire is a Senior Director at FTI Consulting in the Forensic and Litigation Consulting practice. He performs assessments of economic damages such as lost profits, excess costs and diminution in value for companies involved in disputes. Mr. Tolmaire’s work with merger and acquisition disputes has involved assisting buyers and sellers in disputes around working capital, earnouts, and damages resulting from breaches of representations and warranties in sale and purchase agreements. He has also presented on the topic of assessing damages in merger and acquisition disputes and has written an article on working capital disputes.

Mr. Ogurick is a partner in Pryor Cashman’s Corporate Group and a member of the Mergers + Acquisitions, Private Equity, and Securities + Corporate Finance Practices. He provides counsel to public and private companies in the U.S. and around the world, private equity firms and their portfolio clients, family offices, investment companies, venture capital funds, entrepreneurs, and sponsors on a wide range of capital markets and corporate transactions including IPOs, up-listings, SPAC and de-SPAC transactions, equity line financings and PIPE transactions, convertible debt and equity transactions, SEC reporting and compliance, national exchange listings, legal opinion practice, mergers and acquisitions, joint ventures, and structuring, formation, and funding of real estate development, technology, and early stage companies.

Mr. Weldon is a Practice Group Coordinator of K&L Gates’ International Arbitration Group. His practice focuses on international commercial and treaty arbitration, complex international commercial litigation, and public international law.