Pursuing or Defending Against MA Post-Closing Indemnification Claims Guidance for Deal Counsel

Litigation partner Elisa McEnroe will speak at the Strafford CLE program, "Pursuing or Defending Against M&A Post-Closing Indemnification Claims" on January 13, 2022. Post-closing indemnification claims are common in M&A transactions involving acquisitions of privately held companies. For buyers, they can be a crucial way to recoup value lost due to seller misrepresentations concerning the acquired business. For sellers, they can result in exposure to millions of dollars in liabilities after the acquisition has closed. When a buyer becomes aware of a seller's alleged breach of the purchase agreement's representations, warranties, or covenants, the buyer may pursue an indemnification claim against the seller for the indemnifiable losses it suffered on the terms and conditions contained in the purchase agreement.