Brownstein Trial Victory Emphasizes Limits on Indemnifying Party's Right to Control Litigation in M&A Indemnification Context

Brownstein Trial Victory Emphasizes Limits on Indemnifying Party's Right to Control Litigation in M&A Indemnification Context

Apr 22, 2014

Article

Brownstein Client Alert, April 22, 2014

A team of trial attorneys from Brownstein Hyatt Farber Schreck recently won a significant trial victory stemming from the acquisition of a company by a Brownstein client. The dispute raised questions about the obligations of the seller to the purchaser under the terms of an indemnification provision in the purchase agreement. As detailed below, the trial court’s decision underscores the need for both sellers and purchasers to carefully consider the rules governing their relationship if a dispute arises that is subject to an indemnification provision.

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