Thursday, September 19, 2019, 1:00-2:00pm
This program provides a practical guide to drafting for the assumption and limitation of liabilities in business and commercial transactions.
The program covers the mechanics of assuming debt in a transaction, how it is identified, negotiated and documented.
The program discusses the related issue of how “bad conduct” carve-outs in indemnification and other limitation of liability provisions can defeat limitations on liability if the carve-outs are not carefully drafted.
Successor liability in business transactions and techniques to avoid are also covered.
This program provides a real-world guide to handling debt and liabilities in transactions – identifying liabilities, negotiating and documenting their transfer or other treatment, and avoiding successor liability.
- Identifying and documenting the assumption of liabilities
- Successor liability and techniques to limit it
- "Bad conduct" carve-outs in indemnification and limitation of liability
- Risks of carve-out language being over-expansive and defeating liability protection
- Mistakes in the treatment of liabilities in transactions
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