News & Analysis as of

Acquisitions Policy Terms

A&O Shearman

Mistake: Sometimes all it takes is one letter...

A&O Shearman on

The Court of Appeal has found that an alleged typo in a warranty and indemnity insurance policy did not amount to an obvious mistake. As a result, the insurance did not cover the claimed breach of warranty....more

DarrowEverett LLP

Title Insurance or Not, Don’t Dismiss the Value of Title Search

DarrowEverett LLP on

For those of you who question whether an owner’s policy of title insurance is a waste of money, please remember that examining title is still an essential component of due diligence investigations. Real estate investments are...more

Cooley LLP

Representation and Warranty Insurance for M&A Deals: Cooling Market and Emerging Trends

Cooley LLP on

While representation and warranty (R&W) insurance continues to be used across a broad range of M&A transactions, its use has cooled as dealmakers navigate challenging market conditions. Even for deals that are getting done, a...more

Woodruff Sawyer

The Impact of Underlying Insurance Policy Types on Reps and Warranties Insurance and M&A

Woodruff Sawyer on

Most forms of insurance fall into one of two categories: claims-made or occurrence-based. This distinction is crucial when you are acquiring a new company and deciding how best to merge the target’s existing insurance...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Leverages the Private Sector To Achieve Enforcement Goals

Key Points - - In the latest round of additions to the DOJ’s programs to incentivize voluntary self-disclosure of wrongdoing by corporations, the DOJ has rolled out new policies that outline concrete incentives for...more

BCLP

RWI Market Turning to Unlikely Industries for New Deals: Health Care RWI Terms & Conditions Improving

BCLP on

Representations and Warranties Insurance (RWI) has increasingly become a tool employed by both Buyers and Sellers to shift away from the traditional indemnification model of escrows or other mechanisms that could tie up...more

Miller Nash LLP

[Webinar] Cannabis, Insurance, and Risk Management: Tools to Prevent Loss and Make Insurance a Profit Center - March 29th, 12:00...

Miller Nash LLP on

Cannabis operators and ancillary service providers face mounting losses and liabilities from theft, cyber-attacks, natural disasters, product recalls, text marketing, and employment wage and hour issues. In 2022, risk...more

Latham & Watkins LLP

W&I Insurance: Exclusions and Solutions for Private Equity

Latham & Watkins LLP on

How can deal teams capitalise on the latest trend in the deal insurance market to improve bid success? The emergence of contingent risk insurance policies, which address known risks that would otherwise be excluded from...more

Winstead PC

Reps & Warranties Insurance: A Game Changer for Business Owners Providing the Opportunity for a Virtually Risk-Free Sale of the...

Winstead PC on

Historically, the sale of a private company carried with it a significant risk of claims by the purchaser. Months or even years after the sale closed, purchasers would frequently contend that the seller’s representations and...more

Dechert LLP

Implications of the 2016 Election for Banks, Systemically Important Financial Institutions and Their Investors

Dechert LLP on

Campaign promises rarely turn into specific actions, but when they do, they are necessarily impacted by the dynamics of the legislative process. History suggests, however, that the policies of candidates can be a predictor of...more

McDermott Will & Emery

Representations & Warranties Insurance: Understanding the Underwriting Process, Timeline, and Key Coverage Terms

McDermott Will & Emery on

The use of representations and warranties insurance is becoming increasingly commonplace in M&A transactions, particularly in competitive auction processes where use of the product has become almost ubiquitous. While much has...more

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