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

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