Insurance Limits and Case Value - A Clear Correlation?
The Social Engineering Cyber Exposure
Taking A Proactive Approach to Cyber Security
Underwriting: Art or Science?
Medical PL Risks in Retail Healthcare
Physician Considerations When Prescribing Medical Marijuana
Amy Levine Discusses TNC Insurance Policies at 2015 CIWA Summer Forum
Mark Robinson Discusses Price Optimization at the 2015 CIWA Summer Forum
David Hauge Discusses Insurance Rebates at the CIWA Summer Forum & Annual Meeting
Electronic Medical Records: Help or Hindrance?
Variables Affecting Medical PL Settlement Values
Technology in Healthcare
Prior & Pending Litigation
Nowotny on Private Placement Group Variable Deferred Annuity Contracts for Tax Exempt and Foreign Investors
Nowotny on Private Placement Variable Deferred Annuities
The Intersection of Cyber and D&O Coverage
Nowotny on Private Placement Life Insurance
Is Private/Non-Profit D&O Coverage Under Priced?
Halliburton: Good for the Plaintiffs’ Bar?
D&O in Brazil and Latin America
On August 20, 2015, the California Supreme Court issued its landmark decision in Fluor v. Superior Court, overruling its prior holding in Henkel Corp. v Hartford, which precluded successor entities from tapping into their...more
On August 20, 2015, the California Supreme Court handed down its much anticipated decision in Fluor Corporation v. Superior Court (Hartford Accident & Indemnity Company). The California Supreme Court held that California...more
This morning the California Supreme Court announced the thoroughly sensible ruling that a corporation may transfer its rights under liability insurance policies without obtaining the consent of the insurance company. Fluor...more
Representation and warranty insurance (R&WI) has become an integral component of the M&A landscape and is here to stay. The data speaks for itself: in 2014, more than 700 U.S. R&WI policies were issued, which was double the...more
On August 6, OFAC announced a $271,815 settlement with a New York-based insurance company with an overall focus on marine insurance and related lines of business, professional liability insurance, and commercial umbrella and...more
In this frothy, seller-driven M&A market, representation and warranty insurance can help bridge the gap between a buyer and seller and facilitate deal-making.
In M&A transactions, a seller seeks to limit the extent to...more
Andrew Pincus, lead counsel in Spokeo, Inc. v. Robins (to be decided by the Supreme Court next Term, see my May 1, 2015 blog post), spoke on this subject. The question presented is whether a federal statute can confer...more
As discussed in our March 2014 and April 2015 newsletters, in the last few years, there have been numerous developments in the law and practice surrounding appraisal rights under Delaware law. That trend has continued with...more
According to data supplied by the companies (pdf), Aetna is the larger of the companies, with 23.67 million medical members to Humana’s 9.77 million. Aetna also has a larger dental insurance business, with 15.56 million...more
A recent flurry of activity in the health insurance industry would seem to indicate that investors can expect significant consolidation in the managed care sector....more
Canadian M&A practitioners are increasingly using representation and warranty (R&W) insurance as a competitive tool in deal negotiations. The insurance, which provides coverage for breaches of a seller’s representations and...more
It was recently reported that Blue Cross and Blue Shield (BCBS), along with the Blue Cross Blue Shield Association, was sued across all states in a class action brought by two types of plaintiffs. One plaintiff class reflects...more
In many transactions, particularly those where the buyer is a portfolio company of a private equity fund, the buyer agrees to cause its 401(k) plan to accept a transfer of assets from the seller’s 401(k) plan. The asset...more
Looking back on 2014: The return of the billion dollar transactions -
In recent years, insurance companies have largely focused on improving their performance by cutting costs amidst a slow post-global financial crisis...more
Representation and warranty insurance (R/W insurance) continues to gain momentum. As recently as two years ago, presenting a R/W insurance policy was a way to enhance the attractiveness of a bid in a competitive auction. ...more
As competition for middle-market M&A transactions becomes more acute, prospective buyers, particularly private equity firms, wishing to distinguish themselves from others may employ representation and warranty insurance (R&W...more
In This Issue:
- Opportunities in Distressed Markets: Insights into the Acquisition and Divestiture Process
- A Project Owner's Primer On Delay In Start-Up Insurance
- UKCS: Maximising Economic Recovery...more
On February 24 and 25, the DOJ and FTC held their second joint workshop to examine the state of health care competition in the United States. The workshop explored five main themes: early observations regarding accountable...more
The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider...more
The M&A field has begun to find a lot of upside in use of representation and warranty insurance (RWI) – sometimes referred to as transaction insurance – to get a deal to closing. In the past five years the RWI market has...more
Locke Lord lawyers Jon Biasetti, Baird Allis and Benjamin Sykes provide a detailed look at recent efforts by hospitals, physician practice groups and health insurance and managed care companies to lower health care delivery...more
In Craft v. Philadelphia Indemnity Ins. Co., 2015 CO 11 (Colo. Feb. 17, 2015), Craft was the principal shareholder and president of two entities to which Philadelphia issued claims-made directors and officers...more
The (re)insurance industry is changing and recent consolidations are signaling a momentous shift for customers too.
Every once in a while the staid insurance and reinsurance industries go through a momentous change...more
Fundamental changes and powerful forces are reshaping the insurance industry. These developments are reestablishing the natural order of the financial services sector and redefining the insurance industry’s role in the global...more
1. Representations and Warranties insurance has quickly risen to become a standard topic of discussion in many merger and acquisitions transaction negotiations....more
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