Expert Witness Services: Information Technology, Non-Payment Post Acquisition
Context
A top 50 law firm acted in a dispute concerning nonpayment of deferred compensation to a senior executive following a cross-border technology acquisition.
Sector Complexity
Technology transactions often involve complex earn out structures and retention incentives. Variations between UK and US market practice can create further ambiguity, particularly when performance metrics or integration outcomes are contested.
Brief
Advise on market norms for earn-outs, retention structures, and executive reward following acquisition.
Approach
Novo examined comparable M&A transactions, incentive frameworks, and contractual interpretations across UK and US technology markets. The analysis focused on how similar arrangements are structured and applied in practice.
Outputs
A comprehensive expert report and supporting witness statement were delivered, detailing market benchmarks and highlighting deviations from expected norms.
Outcome
Our opinion demonstrated a clear divergence from typical market practice. This strengthened the claimant’s position and supported a negotiated financial settlement without proceeding to trial. The client was highly satisfied with both the clarity and the commercial relevance of the evidence.
