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Learn what warranties are and how warranty clauses are used in commercial agreements, mergers and acquisitions, and consumer contracts. The links below lead to third-party websites where these articles are published.

Warranties in commercial and consumer agreements:

  1. Commercial and Consumer Warranties: A Primer, by Richard H. Casper, Kathleen E. Wegrzyn, of Foley & Lardner LLP (2019)
  2. Fit for What Purpose? Understanding the Warranty of Fitness for Particular Purpose, by Nicholas J. Ellis, of Foley & Lardner LLP (2018)
  3. Don’t Be Inconspicuous: Disclaiming the Implied Warranty of Merchantability, by Foley & Lardner LLP (2017)
  4. Be Wary of Warranties for Software Design, by Jones Day (2018)
  5. What is a Warranty?, by Patrick Ivy, Newburn Law, P.C. (2021)

Warranties in corporate acquisitions:

  1. Litigation Minute: Representations and Warranties in Mergers & Acquisitions: Safety Net or Snare?, by Jennifer H. Thiem, Savannah G. Darnall, of K&L Gates (2021)
  2. Buying a Business: The Role of Warranties and Indemnities in Protecting a Buyer, by Penningtons Manches Cooper LLP (2023)
  3. US/UK M&A: Warranties, by Lewis Silkin (2021)
  4. To be on the hook, or walk away in M&A: that is the question, by Hugo-Pierre Gagnon, Sebastien Duckett, of Osler (2023)
  5. Representations and warranties in a share purchase agreement - basics of the procedure and outline of the market practice, by Norton Rose Fulbright (2022)
  6. OSS Representations and Warranties in M&A and Financings, by Rahul Kapoor and Shokoh H. Yaghoubi, of Morgan Lewis (2023)
  7. Know Your Terminology: Nuances of Cross-border M&A, United States, by Andrew J. Warmus, McDermott Will & Emery (2023)
  8. Representation and Warranty Insurance, by Perkins Coie
  9. Representation and Warranty Insurance: Navigating the Claims Process, by Brown Rudnick LLP (2019)
  10. What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America, by Selene Espinosa, B. Jeffery Bell, Enrique A. Conde, and Aaron T. Slavens, of Holland & Knight LLP (2023)

This page was initially published September 27, 2023, and edited September 28, 2023.

Region: Global, United States, United Kingdom, South America
The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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