Corporate practitioners and their clients are accustomed to allocating risks between parties through the use of indemnification clauses in various commercial transactions. The rules differ with respect to indemnification of wage related exposures. This article addresses the evolution and recent developments about enforcement of wage-related indemnification provisions. It also provides guidance for addressing wage related risks in connection with the purchase and sale of businesses.

This article was published in the Nassau Lawyer in October, 2023: Vol. 73, No. 2