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Ortoli | Rosenstadt: What Exactly Is a Seller Responsible for When Selling Its Staffing Firm?
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.
New York Fed: Manufacturing Activity Little Changed
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Producer Prices Accelerated in January
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Microsoft to Start Bringing Employees Back to the Office
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Free ASA Webinar Tomorrow—Using Restrictive Covenants
Don’t miss tomorrow’s ASA webinar “Drafting and Implementing Employee Restrictive Covenant Agreements: Best Practices in the Current Climate,” 2–3 p.m. Eastern time. Find out how staffing firms can use restrictive covenant agreements—such as noncompetes and nonsolicitation agreements—to protect their business interests and how to ensure that contracts are legally enforceable. Sponsored by Tannenbaum Helpern Syracuse & Hirschtritt LLP.
All ASA webinars are free for ASA members, and most qualify for continuing education hours toward ASA certification renewal. To learn more and to register, visit americanstaffing.net.
Avoid Unnecessary Risks in Client Agreements
Staffing companies should not assume risks related to their client’s business and should not take on liability for the client’s own products and services.
To help staffing companies address indemnity issues, ASA has published resources such as a risk philosophy document you can share with clients, suggested contract language, articles, a presentation slide deck, and more—get them in the ASA Indemnity Tool Kit at americanstaffing.net.
Practical Considerations in Employment Terminations
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Love is in the Air—And in the Workplace
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Fourth Circuit: Parameters for an Employer’s Requests for Medical Records Under the ADA
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2022 Brings a Barrage of Changes to California Covid-19 Obligations for Employers
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What Employers Need to Know About California’s 2022 Covid-19 Supplemental Paid Sick Leave Law
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Survey: Nurses Detail Mental Health Strain
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