Frequently Litigated Contractual Provisions in Transactional Documents
Identifying areas in a transaction that are frequently subject to dispute and addressing them early on during the negotiation of transactional documents can substantially minimize, or even eliminate, future litigation if a deal goes bad. Among the key components that should be reviewed and considered include representations and warranties, rights to access records, earn-out provisions, closing conditions, deal termination fees and conditions and indemnification. While it is rare to have litigators involved when negotiating transactional documents, the initial investment to obtain that perspective during the drafting phase can be invaluable—especially when compared to the impact of future litigation.
Please join Mayer Brown partner Lori Lightfoot, co-leader of the firm’s Commercial Litigation practice, and Michael Hermsen, former Assistant Director of the Securities Exchange Commission Division of Corporation Finance and partner in the firm’s Corporate & Securities practice, as they discuss the disputes that often arise in transactional documents.
Questions to be addressed include the following:
- What are frequently litigated provisions?
- How can early planning during document negotiation help eliminate or reduce the risk of litigation later?
- When disputes arise, how are they handled?
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