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].
Related Insights
April 13, 2026
Foley Viewpoints
The System for Securing Tax Debts Contested by Taxpayers Made More Flexible
On April 9, 2026, a crucial amendment to Mexico’s Federal Tax Code (CFF) was published, restoring taxpayers’ ability to choose the type of tax guarantee that best suits their needs when securing tax liabilities and thereby avoiding collection actions by the tax authority while any defenses filed are being processed. This gives taxpayers back control over the protection of their interests while litigation regarding tax debts is ongoing.
April 10, 2026
Energy Current
Mexico Plans to Reactivate Fracking by 2027
President Claudia Sheinbaum announced on April 8 a significant shift in Mexico’s energy policy by unveiling a project to exploit natural…
April 10, 2026
Energy Current
Proposed Legislation Pending in Oklahoma State Legislature Would Impact Responsibility for Payment of Costs Associated with Data Centers and Other Large Load Facilities
Several proposed bills targeting data centers have been proposed in the 2026 session of the Oklahoma State Legislature. Most of these…