Course content

    1. Presentation

    2. Recording

About this course

  • $39.00
  • 1 CPD hour
  • May 18, 2021

Course Description

Earnout provisions are a useful tool in M&A agreements for allocating risk between purchasers and sellers and for incentivizing management to help their business succeed following a change of ownership. However, they can also lead to disputes: they ‘convert today’s disagreement over price to tomorrow’s litigation over outcome’. Given recent market disruptions caused by the COVID-19 pandemic and government responses, it is more important than ever to understand how earnout provisions work and how they may affect your clients. The panelists will discuss the legal and accounting aspects of earnout provisions as well as the role that professionals can play in advancing and resolving earnout disputes.

Instructor(s)

Stephen Brown-Okruhlik

Stephen is a partner in McMillan LLP’s litigation group in Toronto. His practice focusses on complex commercial disputes, including insolvency litigation and disputes between corporate stakeholders. He also helps guide clients through contract disputes related to corporate mergers and acquisitions. Stephen appears regularly before the Commercial List Court in Toronto and works closely with accounting firms in various capacities.

Chris Polson

Chris Polson is a Partner in the Toronto office of PriceWaterhouse Coopers LLP, practicing in the areas of Disputes and Valuation Advisory. He provides advice in connection with many types of civil litigation including shareholder oppression and dissent, M&A disputes, securities fraud and commercial damages. Chris has provided expert testimony in both Canadian and US courts, as well as before International Arbitration tribunals.