Kristofer Swanson was retained by Sidley Austin to assist a major public company resolve a post-acquisition dispute related to the calculation of working capital in the closing balance sheet. Based on a review of authoritative GAAP guidance for future compensated absences, seller’s paid time off (PTO) policies, and employees’ historic PTO use patterns, Mr. Swanson determined that the closing balance sheet’s accrual for PTO had been understated by almost $7 million. He also concluded that the accruals for sales and lease taxes had been understated. Our team’s independent analysis allowed our client (the buyer) to reach an equitable resolution with the seller and avoid having to escalate the issue to arbitration. Senior Associate Amanda Kight provided invaluable support on behalf of this engagement.
Post-Acquisition Disputes and Related Damages
It is not uncommon for parties to an otherwise smooth transaction to find themselves mired in disagreements post-closing. Disputes commonly arise related to...