Michael J. Kaupa

Complex Business and M&A Disputes

Mike advocates for clients in post-M&A transaction disputes involving purchase price adjustments, indemnification claims and earn-out disputes. He has litigated M&A related matters in state and federal courts as well as domestic and international arbitration forums. Leveraging his public accounting background, Mike has deep experience working with consultants and testifying experts in forensic accounting, financial valuation and economic damages analyses.

Representative Experience

• Represents the purchaser of health insurance company in connection with claims for breach of representations and warranties, and post-closing adjustments.
• Represented purchaser of medical device company in connection with a dispute over post-closing earn-out provisions.
• Facilitated favorable global resolution of highly complex multinational M&A dispute on behalf of sellers of security contractor company, involving three international arbitration proceedings before the London Court of International Arbitration (LCIA).

White Collar & Investigations

Mike assists publicly-trade corporations, investment advisors, individuals and other businesses in responding to and resolving investigations and enforcement actions by the Securities and Exchange Commission (SEC). He also helps companies conduct internal investigations into misconduct by officers and employees and advises on corporate governance and compliance matters.

Representative Experience

• Represented former interim CFO of public company in investigation by SEC into the company’s accounting practices after restatement.
• Conducted an internal investigation for a publicly traded staffing services and IT company in response to allegations from a former employee that the company was improperly recognizing revenue on customer contracts.

Tax Disputes and Litigation

Mike also represents taxpayers in all stages of tax disputes, including examinations, administrative appeals and litigation. He has experience representing clients in federal and state tax disputes.

Representative Experience

• Representing large S corporation in Minnesota Tax Court dispute with Minnesota Department of Revenue over whether company was protected from Minnesota corporate income tax under P.L. 86-272.

Prior Experience

Before joining Faegre Drinker, Mike practiced at the Chicago office of another global law firm.