In an article published in The M&A Lawyer, Bass, Berry & Sims attorneys Joe Crace and Elaina Al-Nimri provided insight on the topic of post-closing liability as it continues to be of interest to businesses active in the ever-changing arena of mergers and acquisitions. With analytics forecasting a big year for M&A, Joe and Elaina outline some best practices that parties should take to minimize potential liability:

  • Be as specific as possible with the terms of agreement
  • Be transparent and consistent with respect to any issues likely to give rise to a potential dispute
  • Plan ahead for potential disputes, and consider whether ADR might be appropriate

The full article, “Done Deal! Not so Fast: Strategies for Minimizing Post-Closing Disputes,” was published in the April 2017 issue of The M&A Lawyer and is available to subscribers.

This article was expanded content originally published by the firm in the Securities and Shareholder Litigation 2017: A Look Ahead report.