bodog app download Logistics LLC v. Forward Air Corporation

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After more than two months of litigation and moments before the commencement of trial, the parties moved bodog app download with this acquisition.

Retained by Wachtell, Lipton, Rosen & Katz

In August 2023, Forward Air Corporation (Forward) announced that it would acquire bodog app download Logistics LLC (bodog app download) for a combination of cash and equity in a deal that valued bodog app download at approximately .2 billion. In the week following the announcement, shareholders traded Forward’s stock down by over 40 percent and later unsuccessfully sued to block the deal. In October 2023, under further pressure from shareholders, Forward announced that it believed bodog app download had violated the terms of the merger agreement and that it was considering not completing the transaction.

Specifically, Forward alleged that bodog app download had not provided certain information in a timely manner that was necessary for appropriately structuring Forward’s debt financing, including monthly financial results and updates to forward-looking projections. bodog app download then sued Forward to enforce the merger agreement, and Forward countersued.

Counsel for bodog app download retained Cornerstone Research and two testifying experts, each of whom submitted expert reports and were deposed:

  • James Boland, Head of Leveraged Capital Markets at The Benchmark Company LLC, was retained to address the information typically provided to lenders of debt financing of mergers and acquisitions.
  • Douglas Prawitt, the LeRay McAllister / Deloitte Foundation Distinguished Professor of Accountancy and Director of http://bolandthe School of Accountancy at the Marriott School of Business, Brigham Young University, was retained to respond to opinions related to bodog app download’s financial reporting capabilities, including how certain factors may have impacted the amount of time required for bodog app download to provide reliable financial information.

In January 2024, after more than two months of litigation and moments before the commencement of the trial, the parties announced that Forward would complete its purchase of bodog app download. The deal closed a few days later.


For more information, contact Jon Rozoff, Elaine Harwood, Ronnie Barnes, or Frank Schneider. Other team members involved in this matter include Brian Fryd, Steve McBride, Pierrick Morel, and Nick Yavorsky.


Case Experts

Douglas F. Prawitt

LeRay McAllister / Deloitte Foundation Distinguished Professor of Accountancy,
Director, School of Accountancy,
Marriott School of Business,
Brigham Young University

James Boland

Managing Director,
New York Investment Banking Division,
The Benchmark Company LLC