An attorney can help the client understand and thereby make informed business and legal decisions by structuring the form of the transaction or leading the negotiation of the representations and warranties and indemnification provisions or both. This session will examine indemnification clauses and their relationship to successor liability and representations and warranties. Topics discussed by the panel include: What limitations on damages are commonly negotiated (i.e., whether to include or exclude consequential, punitive, or other non-direct damages; mitigation baskets/thresholds; and caps on exposure).

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