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Cross-Border Cases
Practice review: post-closing warranty and indemnity claims
Discovering hidden problems after closing, whether you can claim depends on the warranty design.
A typical scenario: after a cross-border acquisition closes, the buyer finds undisclosed liabilities or compliance issues and seeks to claim under representations and warranties.
Success depends on the clauses' scope, time limits, thresholds, and caps, plus adequate diligence and insurance.
The lesson: design warranties, special indemnities, and insurance during negotiation, giving post-closing risk a clear allocation path.