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Expert Analysis

Abry Still Relevant For Dodging Post-Closing Claims

Law360, New York (April 29, 2016, 11:56 AM EDT) -- In private acquisition transactions, sellers seeking to define clearly their exposure to post-closing claims and limitations on the contractual indemnity are typical. Claims beyond the contractual indemnity are usually rooted in tort theories, such as fraud and its cousins (such as negligent misrepresentation). These claims may be based on representations made within the agreement and related schedules (contractual fraud claims) or on written and oral information provided during the process leading up to the definitive agreement (extracontractual fraud claims)....

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