Client alert · M&A · June 18, 2026 · 7-minute read
Earn-outs are where deals go to fight: five drafting lessons from three years of post-closing disputes
Earn-outs bridge valuation gaps at signing and generate litigation at closing. After three years of trying and arbitrating these disputes, five drafting patterns separate the earn-outs that pay quietly from the ones that pay us.
By Jonathan S. Marsh & Thomas W. Ellison
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