How To Draft Fee-Shifting Provisions in Indemnification Clauses

Heather Benzmiller Sultanian and Jarrett H. Gross | Sidley Austin Delaware courts have determined that even quite broad language referencing attorneys’ fees may not be explicit enough to shift fees in first-party litigation. Deal lawyers will be very familiar with indemnification clauses, which are a standard term in most M&A contracts. Although the precise language… Continue reading How To Draft Fee-Shifting Provisions in Indemnification Clauses

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