The tightening of the credit markets and slowing of deal flow have resulted in increased attention to indemnification provisions in M&A transactions. In this program, Foley attorneys Todd B. Pfister and Catherine B. Nelson, along with PricewaterhouseCoopers Partner Kevin Kreb, discussed recent developments framing the negotiation of indemnification provisions in M&A transactions. Topics included:
- Impact of the current “buyers’ market” on indemnification provisions, including the “materiality scrape” and other trends
- Reassessing common provisions favorable to sellers such as consequential damages waivers
- Evaluating the creditworthiness of indemnitors in today’s uncertain business environment
- Recent case law to be aware of when formulating indemnification provisions
- Trends and pitfalls in the indemnification dispute resolution process
For additional information about Foley’s M&A Briefing Series, please contact Jennifer Bartz at [email protected].
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18 April 2025
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Events
Tariff Blitz Webinar
Join us for a wide-ranging discussion of the Trump administration tariffs and how to risk plan for them.
17 April 2025
Tariff & International Trade Resource
The Non-Compliant Cat in the Hat
So, just before Easter, in 1957, a little book you may have heard of, called The Cat in the Hat, made its first appearance. Theodore Geisel — writing under the name “Dr. Suess” — later said that of all his children’s books, he was proudest of this one, because “it had something to do with the death of the Dick and Jane primers,” which he thought would bore any child to tears.