Bloomberg (10/03/12) Alex Kowalski
Companies added 162,000 new workers in September, according to a report released today by ADP Employer Services. The increase follows a revised 189,000 jump in August. The median forecast of 38 economists surveyed by Bloomberg projected a 140,000 advance. The better-than-expected result could be an indication that the labor market is perking up. The hiring gains were led by companies with fewer than 500 workers.
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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