Risk Allocation in Healthcare Mergers and Acquisitions
Negotiating Indemnification Provisions, Reps and Warranties, Caps and Baskets
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to healthcare counsel when drafting and negotiating representations, warranties, and indemnification clauses in healthcare mergers and acquisitions. The panel will discuss best practices, potential challenges and strategies for allocating risk.
Outline
- Reps and warranties in healthcare M&As
- Indemnities in healthcare M&As
- Use of caps and baskets
- Strategies for avoiding pitfalls and resolving contract disputes
Benefits
The panel will review these and other key issues:
- What are commonly negotiated warranty and indemnification provisions in healthcare M&As?
- What issues are often disputed when negotiating these provisions? What are effective strategies for resolving them?
- What approaches should counsel use to protect a client’s interests when negotiating an indemnification provision?
Faculty
Lee A. Barkan
Senior Counsel
Proskauer Rose
Mr. Barkan’s practice focuses on corporate counseling a wide range of healthcare industry clients, including... | Read More
Mr. Barkan’s practice focuses on corporate counseling a wide range of healthcare industry clients, including hospitals, academic medical centers, long-term care providers, physicians and physician practices. He advises clients in healthcare transactions, including mergers, acquisitions, joint ventures, leasing arrangements, licensing arrangements, and equity and debt financings. Mr. Barkan offers a distinctive perspective from his experience as both in-house counsel and client representative.
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Richard J. Zall
Partner
Proskauer Rose
Mr. Zall advises healthcare companies, investors and lenders in their most challenging transactions, including... | Read More
Mr. Zall advises healthcare companies, investors and lenders in their most challenging transactions, including M&As, joint ventures, financings and complex commercial agreements. He advises clients on state and federal healthcare regulatory compliance matters, including the corporate practice of medicine, digital health, telemedicine, HIPAA, fraud and abuse, Medicare and Medicaid payment reimbursement, MACRA, and value based payment. Mr. Zall is a respected thought leader in the healthcare industry and frequently presents at key industry events.
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