03Dec
The First-Party/Third-Party Claim Distinction in Indemnification Provisions—Unambiguously Broad Is Not Necessarily the Same Thing as “Clear and Unequivocal”
Indemnification clauses are ubiquitous in commercial agreements of all types. In the M&A context, indemnification is a concept that applies most frequently in the contractual remedies regimes that are provided in private company acquisition agreements for breaches of representations and warranties, or for excluded liabilities. Indemnification is also a concept that arises in entity formation agreements for officers and directors in the corporate context, for members and managers in the limited...
By:
Weil, Gotshal & Manges LLP
Related
Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of Califo...
Read More >
On October 29, 2019, the Seventh Circuit Court of Appeals held in Shell v. Burlington Northern Santa...
Read More >
The U.S. Department of Justice and the Federal Trade Commission (collectively, “Agencies”) recentl...
Read More >
I used to use a lot of paper in my law practice. Then I had 10 feet of water in my office after Hurr...
Read More >
On June 19, 2019, the New York State Assembly passed sweeping legislation designed to increase prote...
Read More >
In re Oracle Corp. Derivative Litig., C.A. No. 2017-0337-SG (Del. Ch. July 9, 2020) - After investi...
Read More >