Service

Private Equity and Investment Fund Disputes

An experienced team well-positioned to advise on managing unique dispute risks.

As deal activity increases, so do disputes in the private equity and investment funds space. Firms operating in these sectors must be aware of the associated risks and potential opportunities associated with disputes in these spheres.

Whether you are looking to avoid or mitigate litigation risk or regulatory scrutiny, or leverage litigation or arbitration to create value and achieve your business objectives, Osler’s team of multi-disciplinary Private Equity and Investment Fund dispute experts has the specialized skills and experience to effectively manage the unique issues that private equity firms, hedge funds, sovereign wealth funds and venture capital firms face when doing business in Canada, the U.S. and elsewhere. We understand the regulatory framework, structure and operation of private equity and investment funds, and are experts in complex structured financial products, credit agreements and derivatives.

We take a pragmatic, efficient and team-based approach to deliver the greatest value to you in the pursuit or defence of the following types of disputes:

  • shareholder disputes
  • valuation disputes
  • working capital and other post-closing disputes
  • corporate governance disputes
  • conflicts of interest
  • claims for indemnification
  • breach of representations and warranties
  • enforcement of non-competition agreements
  • shareholder class actions
  • finders’ fee disputes
  • proxy contests
  • derivative claims

Our group also has extensive experience conducting internal investigations into accounting and financial irregularities and other potential securities misconduct, as well as representing corporations, investment firms, and individuals in regulatory enforcement proceedings and other civil and quasi-criminal investigations. Disputes in the private equity space are often arbitrated. We are also skilled domestic and international arbitration counsel.

An integrated and collaborative team, we work closely with and draw on the collective expertise of our market-leading M&A, Tax, Emerging and High Growth Companies, Employment and Labour, Insolvency and Restructuring, and Risk Management and Crisis Response Practice Groups to obtain the best outcomes for your business.

Key Contacts

Shawn Irving

Partner, Disputes, Toronto