Lexology (05/21/12) Richard B. Cohen
Experts have been urging the U.S. Equal Employment Opportunity Commission to be more proactive about encouraging companies to accommodate women “who require adjustments to work rules as a result of pregnancy or childbirth.” In 2011, there was a 23% increase in the number of EEOC charges alleging pregnancy discrimination. Separately, the U.S. Department of Justice has announced that “the continued enforcement of Title VII is a priority.”
Buyers of a business generally expect sellers to be responsible for certain liabilities relating to when the seller owned its business—a concept mergers and acquisitions professionals refer to as indemnification. Indemnification is one of the most heavily negotiated, and potentially most significant, provisions of a purchase agreement, and understanding the terminology common to such agreements is essential when negotiating a deal. Attorney Paul Pincus of Ortoli Rosenstadt LLP explains what sellers are liable for, how a seller’s liability may be limited, and how buyers may seek to fund potential indemnity claims.
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