Parties to business acquisitions use indemnification clauses to provide security for harm that may result following the closing of the transaction. Indemnification obligations require one party to ...

Buyers in M&A transactions often assume that they will be able to recover reasonable attorneys’ fees in connection with a successful ...

Plan sponsors should ask for indemnification clauses when they enter into contracts with service providers and retirement plan advisers, experts say. Indemnification clauses are promises by the ...

To continue reading this content, please enable JavaScript in your browser settings and refresh this page. Outside of the representations and warranties in a purchase ...

Michael C. Rakower and Melissa Yang write that in New York, directors and officers sued for actions or inactions taken in connection with their corporate post have another avenue to seek relief from ...

A primary benefit of the no-recourse structure is that the private equity sponsor can distribute sale proceeds to its investors with minimal risk of a future clawback. This certainty is highly ...

In most M&A transactions involving a privately held target, the seller’s representations and warranties and its indemnification obligations are the most heavily negotiated provisions in the definitive ...

Law and Emergency Medicine is a new feature that will be appearing regularly in Common Sense. Articles will focus on legal, regulatory, and political issues that affect emergency physicians. We need ...

The Supreme Court has a steady diet of constitutional tort cases, in which plaintiffs seek money damages for public officials’ claimed violations of their constitutional rights. This Term is no ...

Contractual indemnification provisions provide an incentive to contract that often serves the interests of both parties. As a result, they are commonplace in all manner of commercial agreements. When ...