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 video webinar with Q&A
This CLE course will guide 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
General Counsel and Managing Director
Bankers’ Capital International
Mr. McDonald currently serves as General Counsel and FINRA-licensed Managing Director at Bankers’ Capital... | Read More
Mr. McDonald currently serves as General Counsel and FINRA-licensed Managing Director at Bankers’ Capital International, a boutique international investment banking firm. He has more than 20 years of experience in private equity, mergers & acquisitions, project finance, commercial real estate development and venture capital. Before joining Bankers’ Capital, Mr. McDonald was Deputy General Counsel at Prospect Capital Management, LP, a $6.4 billion assets under management private equity firm, and a Partner in the Private Equity and Corporate groups at Troutman Sanders, LLP, a 650 lawyer international law firm.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