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.

Click on the PDF link below to view the full article.

Download PDF