Our Expertise

M&A dispute resolution and litigation

At Aabø-Evensen we have extensive experience with resolving disputes regarding transactions both in and out of the courtroom.

Disagreements regarding a transaction can occur both before and after the transaction is completed. In Norway it is rare for the parties to seek court assistance to halt the execution of a transaction.

However, it is more common that disagreements may arise after the transaction itself has been completed. Such disputes will mainly relate to questions of breach of guarantees or declarations of indemnity, valuation of forced redemption of minority owners, disagreement regarding shareholder agreements, settlements in connection with so-called "earn-outs", or "post-closing" adjustments, as well as claims for damages due to misleading information about the transaction target.

In capital market transactions, disagreements may arise regarding the discrimination of shareholders. Furthermore, disputes may arise regarding insufficient information in prospectuses and other information to investors, including allegations of investor fraud and disagreement over rights and obligations related to financial instruments, such as stock options and other derivatives.

Most disputes are based on a struggle of facts. Our lawyers help you find the relevant facts and relevant arguments for the dispute in question. We aim to resolve disputes in a way that minimizes damage to the relationship between parties as much as possible. This means we always seek to resolve disputes through negotiations first.

However, if a legal dispute is unavoidable, we will assist you in all parts of the process. Our lawyers have extensive procedural experience from ordinary courts, special courts and arbitration courts. Our experience is that industry understanding and insight into commercial drivers is very important to achieve desired results through litigation. In these cases, our lawyers will benefit from the expertise they have acquired through several years of work on mergers and acquisitions. Such industry understanding can itself be a "game changer" that ensures your case will swing in the desired direction.

Geir Johan Nilsen is head of our dispute resolution team. He has over 25 years experience with court proceedings and litigation.