This article examines how buyers and sellers are negotiating indemnity caps in private company M&A transactions, as shown in the American Bar Association’s (ABA) private target deal points studies.

In merger and acquisition transactions, the definitive purchase agreement, whether asset purchase agreement, stock purchase agreement, or merger agreement, typically contains representations, warranties, and covenants, along with related indemnification obligations.

In the course of 2021, the Supreme Court reached a significant milestone in the systematic elaboration and reconstruction of the liability of the Bank for abusive granting of credit.

The first -and perhaps the main- lesson that can be drawn from the series Sunderland 'Til I Die, consists in revealing the importance that the football team plays in relation to the population of the city that bears the same name. 

In the case of a pre-constitutive act, a lease is entered into. Seven years later, the tenant goes bankrupt.

Every time we have approached to examine a legislative amendment to the bankruptcy regulations, we have not been able to avoid remembering to what extent the legislator is imbued with our wonderful literary genre: the picaresque.

In 2012, the mother was 80 years old when her then 57-year-old son moves in with her. In 2017, the son is appointed as administrator and mentor of his mother with dementia. Six months later, he requests the housing association to designate him as a co-tenant.

The ABA Private Target Mergers & Acquisitions Deal Points Study is published on a bi-annual basis. The 2021 Deal Points Study (the “Study”) analyzed 123 publicly available purchase agreements executed and closed in 2020 and the first quarter of 2021. 

In its recent extraordinary Assembly in November 2021, the WHO agreed to "launch a process to develop a historic global agreement on prevention, preparedness and response to pandemics", which leads us to raise the importance of having a global treaty on this issue, not only of course, in our condition as human beings, but from the point of view of our condition as lawyers dedicated to intellectual property.

At the beginning of March 2022, and in a divided decision, the Constitutional Court declared the unenforceability for unconstitutionality of part of Article 3 of the Labor Code (case No. 11124-21). The latter provision regulates the conditions under which two or more companies may be considered as a single employer for labor and social security purposes, the key element being the existence of a common work management.

This new version represents an important milestone for the industry just over two years after the issuance of the well-received LMSS 1.0. The taxonomy has expanded to almost 10,000 categories that the legal market uses to describe its services in detail, and in a way that is comparable across organizations. 

This new version represents an important milestone for the industry just over two years after the issuance of the well-received LMSS 1.0. The taxonomy has expanded to almost 10,000 categories that the legal market uses to describe its services in detail, and in a way that is comparable across organizations.