Sher Tremonte advises companies, shareholders, officers, directors, and executives in disputes arising from complex corporate transactions. These controversies typically follow a change of control or acquisition of a company, and often involve non-competition agreements and provisions for paying a portion of the purchase price over time in the form of an “earn-out” tied to the company’s performance. Our lawyers have successfully represented both plaintiffs and defendants in these high-stakes matters across a variety of industries, including health care technology, telecommunications, aerospace, financial technology, and cannabis.
- Defended an executive and shareholder of an aircraft communications company in a federal lawsuit involving allegations that he made false representations to induce acquisition by an avionics company; won dismissal of the case on summary judgment.
- Successfully represented an executive and shareholder of a satellite communications company in a federal lawsuit against an acquiring company in relation to an earn-out dispute.
- Represented a shareholder representative and the founding president of a health care technology company in a dispute over unpaid earn-outs and mismanagement following an acquisition.
- Advised the purchaser of an e-commerce business concerning claims of fraudulent inducement and breach of contract arising from the seller’s misrepresentation of the company’s profits.
- Represented the founder and chief executive officer of an international travel management company in a dispute arising from merger with public company; helped the executive resolve disputes relating to a covenant not to compete and potential claims of fraudulent inducement.