Partner
Frank J. Favia Jr.
Commercial Litigation, Global Investigations & White Collar Defense, M&A and Private Equity Litigation
Übersicht
Public companies and private equity firms turn to Frank Favia for high-stakes litigation and disputes. With decades of experience, he brings a unique set of skills to his clients, having served as the executive vice president and general counsel of a private equity backed financial services company, during which time he led a legal department of over 200 lawyers and compliance professionals. This in-house experience gives him a practical, business-oriented approach to litigation strategy and a deep understanding of the operational pressures his clients face. He handles a diverse range of civil litigation matters and arbitrations in federal and state courts across the country, as well as before major arbitral forums.
Frank frequently advises public companies and private equity clients in significant M&A litigation and disputes, including matters involving transactions valued in the hundreds of millions of dollars. He has successfully handled dozens of M&A pre- and post-closing disputes, including claims to enforce or terminate pending transactions, specific performance actions, disputes over material adverse change provisions, and claims related to working capital, earn-outs, purchase price adjustments, representations and warranties, indemnification, and alleged fraud. He has significant experience bringing claims under representation and warranty insurance policies. He is frequently retained by private equity clients to represent their portfolio companies in significant disputes and investigations.
Erfahrung
M&A and Private Equity Litigation
Represented:
- Public companies, private equity firms, and portfolio companies in dozens of post-closing disputes related to working capital, earn-outs, purchase price adjustments, representations and warranties, indemnification, and alleged fraud.
- Private equity firms bringing claims under buyer-side representations and warranties insurance policies.
- A private equity firm in disputes with former employees regarding post-employment rights to carried interest.
- A private equity firm in a dispute with an operating partner alleging breach of a management agreement and fraud.
- A private equity portfolio company in connection with alleged defaults under a credit agreement and the lender’s purported exercise of proxy rights to replace the company’s board.
- Two private equity firms in an action brought in the U.S. District Court for the Southern District of New York alleging violations of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and conversion.
- Numerous private equity portfolio companies in contract disputes with vendors and business partners.
- Private equity firms and their portfolio companies in connection with responses to non-party subpoenas.
- A German conglomerate in an arbitration proceeding in Germany and a separate action in the U.S. District Court for the Central District of Illinois involving claims for fraud and declaratory relief relating to the parties’ failure to close under a purchase agreement.
- A Fortune 100 company in an action involving claims for specific performance to require closing under a purchase agreement.
- A Power 5 NCAA athletic conference in connection with its addition of two prominent member universities from another Power 5 conference.
- An individual shareholder of a special purpose acquisition company (SPAC) in a dispute in connection with a business transaction to take a target company public.
- Individual shareholders of a family-owned franchising business in litigation involving alleged breaches of a shareholder’s agreement and fiduciary duties.
- Litigation due diligence for public and private companies in dozens of M&A transactions.
Auszeichnungen
- An Illinois Rising Star - Super Lawyers
- An Illinois Emerging Lawyer - Leading Lawyers
Ausbildung
- University of Illinois College of Law, JD, magna cum laude
- Northwestern University, BS
Zulassungen
- Illinois
Courts
- US Court of Appeals for the Seventh Circuit
- US District Court for the Northern District of Illinois
- US District Court for the Central District of Illinois
- US District Court for the Western District of Wisconsin