Business case

Post-M&A dispute: substantiating damages in an automotive recall case for a global group

Situation: Disputes
Litigation

Context

Our client, a global automotive group, was the claimant in a post-M&A dispute with one of its competitors (the respondent), following the claimant’s acquisition of one of the respondent’s subsidiaries/car brands. The respondent refused to indemnify for losses relating to a subsequent vehicle recall, in contravention of the SPA’s terms.

Key Takeaway

One of the major challenges in this dispute was to verify, substantiate and reconcile our client’s large datasets with their various data processing and accounting systems. We resolved this challenge by creating a reconciliation logic matrix across our client’s datasets and recording systems. This enabled us to substantiate that the costs used in the calculation of the total claim value had been recorded in the accounting systems.

Accuracy Role

We were engaged to review and update the claimant’s original damages assessment, encompassing several categories of damages, ensuring they were substantiated and reasonable.

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