December 7, 2020

The newly updated edition of the acclaimed legal treatise is a joint venture between Thomson Reuters and the New York County Lawyers’ Association.

Partners James Dugan and Martin Seidel have co-authored a chapter called “Private Equity,” in the newly released 5th edition of Commercial Litigation in New York State Courts, Thomson Reuters. This notable treatise covers hundreds of new cases while examining the interplay between rules of procedures and substantive law, strategies for representation of plaintiff and defendant, and ramifications of various actions. Chapters include discussion of substantive law across numerous practice areas and industries, as well as practical strategic guidance, such as best practices, analysis and detailed checklists for lawyers. Mr. Dugan and Mr. Seidel will be honored by the New York County Lawyers Association with the Conspicuous Service Award for their roles as co-authors in Commercial Litigation in New York State Courts.

Mr. Dugan and Mr. Seidel’s chapter on private equity discusses the structure and economics of a PE firm, and the types of litigation disputes that may occur, including between founders, with the firm’s investors or portfolio companies, or involving employees. The chapter covers a broad range of legal issues at stake, including those involving compensation, allegations of mismanagement, conflicts of interest, employee poaching, and securities litigation, among others.

As the authors note in the chapter, “This chapter seeks to educate readers concerning issues that commonly arise in litigation involving private equity firms and their investments. Private equity firms face a multiplicity of litigation issues, from civil to regulatory to criminal; we will focus on commercial litigation issues that commonly arise in the private equity context… [including] disputes that arise between the founders or members of the private equity firm, as well as between investors and the general partner or manager,…litigation between established firms and their spin-offs or former employees,… and litigation arising out of the acquisition, management, and sale of portfolio companies.”

Selected portions of Chapter 109, “Private Equity,” by James Dugan and Martin Seidel, from Thomson Reuters & New York County Lawyers Association’s Commercial Litigation in New York State Courts, (Robert L. Haig editor-in-chief), can be viewed here.

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