Securities,
Mergers & Acquisitions,
Corporate
Aug. 1, 2017
Looming specter: post-closing fraud claims
So-called “reliance disclaimers” and “fraud carve-outs” in private company purchase agreements — designed, respectively, to preclude and preserve certain types of post-closing fraud claims — have taken on increased prominence for transactional lawyers drafting such agreements with an eye toward certainty of remedies in potential post-closing disputes.
Eva Davis
Partner
Winston & Strawn LLP
Email: evadavis@winston.com
Eva is managing partner of the firm's Los Angeles office and is co-chair of the firm's Private Equity Practice.
James P. Smith
Partner
Winston & Strawn LLP
James is based in New York and is chair of the firm's Securities Litigation Practice
Matthew DiRisio
Partner
Winston & Strawn LLP
Matthew is based in the firm's New York office
Alexandra Kushner
Associate
Winston & Strawn LLP
Alexandra is based in the firm's New York office.
So-called “reliance disclaimers” and “fraud carve-outs” in private company purchase agreements — designed, respectively, to preclude and preserve certain types of post-closing fraud claims — have taken on increased prominence for transactional lawyers drafting such agreements with an eye toward certainty of remedies in potential post-closing disputes. And with good reason. Few issues have permeated private company M&A litigation in recent years to the extent that ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In