2022 Assuming Liabilities/Debt in Transactions: Tricks & Tips Audio Replay

This program will provide you a practical guide to drafting for the assumption and limitation of liabilities in business and commercial transactions.  The program will cover the mechanics of assuming debt in a transaction, how it is identified, terms negotiated and documented. The program will discuss 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 mitigate its risk will be covered. This program will provide a real-world guide to handling debt and liabilities in transactions.

• Identifying and documenting the assumption of liabilities
• Successor liability and techniques to mitigate the risk
• “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