Philadelphia partner Sam Mason authored an article for Mergers & Acquisitions Litigation on the case of Clubcorp, Inc. and Fillmore CCA Holdings, Inc. v. Pinehurst LLC and Putterboy Limited, a recent decision that highlights the potential pitfalls of boilerplate language.

The substantive issue in the case concerned the indemnification provisions in a merger agreement, a dispute that was substantially affected by usually prosaic considerations such as the anti-assignment provision and the successors and assigns clause.

Sam, a partner in the Corporate & Securities Practice Group, explains the facts of the case and outlines what business lawyers should learn for the future.

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