Before the Session
During the Session
- Where are fraud carve-outs usually included in acquisition agreements?
- Which party usually benefits from a narrower definition of Fraud in the fraud carve-out? Why?
- What are some consequences of leaving Fraud undefined in a fraud carve-out?
- What points does a well-defined fraud carve-out explain?
- What are some of the consequences of including a fraud carve-out in an agreement governed by Delaware law?
- What are some characteristics of a buyer-friendly fraud carve-out? What about a seller-friendly fraud carve-out?
- Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
- General practice tips (dos and don’ts)
- Firm-specific guidance and practices
After the Session
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