Pursuing or Defending Against M&A Indemnification Claims Post-Closing

(408 Ratings)

Produced on: January 25, 2018

Course Format On Demand Audio

Taught by


Course Description

Time 90 minutes
Difficulty Advanced

This program 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. Attorneys John J. McDonald and Elisa P. McEnroe 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.

Learning Objectives:

  1. Discuss buyer considerations in evaluating how to formulate an indemnification claim
  2. Navigate the indemnification claim process
  3. Develop strategies for asserting or defending claims—buyer and seller perspectives
  4. Understand some of the common bases for post-closing indemnification claims in M&A transactions


John J. McDonald

Troutman Sanders LLP

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.

Elisa P. McEnroe

Morgan, Lewis & Bockius LLP

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.


Bonnie H.

Very detailed

Justin W.

Very good material

Chris R.

Fantastic seminar!

Marjorie C.

Faculty was entertaining and informative.

Rick R.

A good program to view before any M&A transaction

Rondal M.

Even though one person started late due to traffic, they did an excellent job in going through some of the many things that can happen in and M&A transaction.

Joseph H.

Good speakers

Cheri B.

Excellent course! The two faculty did a very good job of presenting the materials in a rather complicated area.

Pauline M.

This was a really informative and enjoyable presentation. I liked the back and forth between the presenters - I think it really helped flush out the issues by having a transactional lawyer and a litigator.

Robert S.

really enjoyed both presenters and thought they interacted well.

Anne W.

Excellent and informative presentation. Terrific to have a M&A lawyer and a litigator.

Angelo Z.

This has been the most thorough, informative presentation I have viewed thus far on Lawline. Presenters were great and extremely knowledgeable.

John M.

I thought the program was excellent!

Kenneth C.

Excellent presentation.

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$ 89 Business, Corporate, & Securities Law and Mergers & Acquisitions In Stock


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