When the Deal Goes Bad: Thinking Twice About Using Deal Counsel as Litigation Counsel -
“We trust our intuitions even when they are wrong.”
- Nobel Laureate Daniel Kahneman -
Your corporate attorney may be a great deal lawyer—the lead on dozens of major transactions, head of a talented team, and attentive to your every business need. And the terms of the deal are exactly what you wanted. But even the most carefully crafted deal can end up in litigation. One 2018 study found that 85 percent of merger deals struck in 2017 attracted litigation; 73 percent in 2016; and 89 percent in 2015.
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