Pulse Podcast #13: The Eye of the Storm: Navigating the Surge in Middle-Market M&A Disputes

As the M&A market heats up, so does the potential for litigation. In this episode of the ABF Journal Podcast, Editor-in-Chief Rita Garwood sits down with Frank Dery and Kevin Hagon from Berkeley Research Group (BRG) to dissect their latest report on M&A disputes.While deal volume is rising, the path to a smooth exit is becoming increasingly complex. We dive into why the middle market is currently the "eye of the storm" for conflict, the rising impact of Representation and Warranty (R&W) insurance, and how geopolitical tensions in 2026—from the Middle East to Latin America—are manifesting as legal battles in purchase agreements.In this episode, we discuss:• The Numbers Game: Why more deals naturally lead to less desirable companies entering the market and increasing dispute risks.• The Earnout Trap: Common drafting mistakes in post-COVID deal structures and the "magnification" of disputed items.• Geopolitical & Macro Pressures: How shifting interest rates, tariffs, and global conflicts are triggering MAC clauses and valuation uncertainty.• Expert Advice: The single most important step for PE firms and CEOs to protect themselves before closing a deal.Don't let ambiguity drain your deal value. Tune in to learn how to navigate the current "storm" of M&A conflict.