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Mergers and acquisition dispute

By leveraging our deep expertise, we help navigate the inherent risks and opportunities of M&A transactions, both pre- and post-transaction.

M&A Transactions

Throughout the Mergers and Acquisitions (M&A) lifecycle, the Dispute Consulting Team at KPMG LLP provides a wide range of support to organizations and their advisers, ensuring that every stage of the transaction is managed effectively. By leveraging our deep expertise, we help navigate the inherent risks and opportunities of M&A transactions, both pre- and post-transaction.

Key service areas include:

1

Purchase and Sale Agreements

  • Our professionals work closely with clients and their advisors to incorporate precise and strategic provisions within sale and purchase agreements that align with business objectives and mitigate potential risks. We deliver value by analyzing key financial transaction drivers detailed in these agreements, including but not limited to working capital, contingent considerations, earn-outs, purchase price adjustment mechanisms, cash, transaction expenses, indebtedness, accounting principles, and leakage to help ensure that all financial aspects are clearly understood and accurately represented. KPMG professionals advise clients on the merits and implications of different purchase-price mechanisms to help determine the most suitable option for the transaction. We guide organizations in defining precise accounting policies and establishing a clear accounting hierarchy within purchase agreements.

2

Post-Acquisition Closing Statements

  • KPMG professionals have extensive experience in preparing post-acquisition closing statements, ensuring accuracy and compliance with the terms set out in the sale and purchase agreement, and minimization of financial discrepancies.
  • Leveraging extensive experience, our professionals anticipate areas of potential disputes and address them proactively, helping to minimize the risk of prolonged conflicts.

3

Objection Notice

  • Our team assists in identifying potential items of objection and provides support in drafting well-structured objection or dispute notices.

4

Good Faith Negotiations

  • KPMG professionals are well-informed to navigate the complexities involved in good faith negotiations, understanding the strategies that buyers and sellers typically employ to determine a purchase price adjustment or earnout amount. We provide objective analysis and strategic advice to support negotiations.

5

Selection of Neutral/Independent Accountant

  • We understand the critical importance of selecting the ideal neutral party to resolve disputes. Our team prepares strategic questions for candidates, thoroughly reviews their experience, and expertly facilitates interviews, ensuring you choose the best fit for your needs.

6

Objective Advocate

  • In the complex world of arbitration, having the right ally can make all the difference. Our team, seasoned in being neutral accountants and arbiters, knows precisely what other industry professionals seek. We can assist you in preparing persuasive positions and rebuttal statements, ensuring they resonate with arbiters.

7

Neutral Accountant / Independent Expert Services

  • Achieve your transaction goals without the burdens of litigation by leveraging our industry veterans who regularly serve as neutral accountants, independent experts, and/or arbiters. We guarantee fair and unbiased dispute resolution, upheld by our commitment to neutrality and integrity throughout the dispute resolution process.

Meet our team

Image of Thomas Heck
Thomas Heck
Partner, Advisory, Offering, Risk Services, KPMG US
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Image of Kristy Serviss
Kristy Serviss
Partner, Advisory, Offering, Risk Services, KPMG US
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Image of Thomas Heck
Thomas Heck
Partner, Advisory, Offering, Risk Services, KPMG US
Read bio
Image of Kristy Serviss
Kristy Serviss
Partner, Advisory, Offering, Risk Services, KPMG US
Read bio

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Some or all of the services described herein may not be permissible for KPMG audit clients and their affiliates or related entities.

The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act upon such information without appropriate professional advice after a thorough examination of the particular situation. KPMG LLP does not provide legal services.

The information contained herein is not intended to be “written advice concerning one or more Federal tax matters” subject to the requirements of section 10.37(a)(2) of Treasury Department Circular 230.

© 2026 KPMG LLP, a Delaware limited liability partnership, and its subsidiaries are part of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.

For more detail about the structure of the KPMG global organization please visit https://home.kpmg/governance.

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