Pursuing or Defending Against M&A Post-Closing Indemnification Claims: Guidance for Deal Counsel
Evaluating Claims, Navigating the Process, Leveraging Claim and Damages Limitations, and More
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to deal counsel pursuing or defending against post-closing indemnification claims alleging breaches of representations, warranties and covenants contained in purchase agreements for M&A transactions, whether relating to issues identified by the buyer or as a result of third-party claims. The panel will discuss practical tips for evaluating how to formulate an indemnification claim, the process for pursuing and defending claims, and procedural and substantive strategies for buyers and sellers embroiled in indemnification disputes.
- Buyer considerations in evaluating how to formulate an indemnification claim
- Navigating the indemnification claim process
- Strategies for asserting or defending claims—buyer and seller perspectives
The panel will review these and other key issues:
- What are some common bases for post-closing indemnification claims in M&A transactions?
- What are some considerations and best practices for buyers pursuing indemnification claims?
- What are some strategies for sellers to most effectively defend against indemnification claims?
John J. McDonald
Mr. McDonald counsels clients on a full range of corporate transactional matters, focusing on private equity and... | Read More
Mr. McDonald counsels clients on a full range of corporate transactional matters, focusing on private equity and strategic mergers and acquisitions (M&A) transactions, venture capital and other financing transactions, and private equity fund formation. His private equity M&A practice entails representing private equity sponsors in leveraged acquisitions of portfolio companies, “bolt on” acquisitions and recapitalizations of portfolio companies, and subsequent divestitures of portfolio companies. He also has significant experience representing sellers in M&A transactions involving private equity buyers. His strategic M&A practice involves representing publicly-traded and privately-held buyers and sellers in M&A transactions across a broad range of industries, both domestic and cross-border.Close
Elisa P. McEnroe
Morgan Lewis & Bockius
Ms. McEnroe litigates commercial contract disputes and indemnification issues that arise from matters involving... | Read More
Ms. McEnroe litigates commercial contract disputes and indemnification issues that arise from matters involving business competition, fraud, and mergers and acquisitions. She works extensively on M&A post-closing indemnification claims and disputes. She also counsels both large and small clients in an effort to develop and implement risk management strategies.Close