Do R&W Insurers Still Pay Claims? Following Up on Lowenstein’s 2020 Survey
What You Need To Know About Representation and Warranty Insurance
ESG is All The Rage, but How Does It Intersect with the D&O and RWI Insurance Markets?
Jeremy Levy on Recent RWI Challenges and Near-term Outlook
Best Practices for Negotiating the Right Reps & Warranties Insurance
Opportunities and Optimism: M&A Deal Trends — A Recap Discussion Around ACG Atlanta M&A South Panel
Maximizing RWI Recovery Claims: Don’t Be Penny Wise and Pound Foolish
Reps & Warranties Insurance Claims: Getting to “Yes”
Reps & Warranties Insurance: Sealing The Deal
Six Things You Need to Know About Life Sciences M&A During and After COVID-19
The Importance Of Cybersecurity During A Merger & Acquisition Transaction
Representations and warranties insurance (RWI) has become a fixture in today’s M&A landscape, offering buyers and sellers a mechanism to shift risk and streamline negotiations. Yet, as the RWI market matures, certain...more
“How much limit should we buy?” This is a perennial question in the world of reps and warranties insurance (RWI). For years, the shorthand answer has been: 10% of enterprise value. But as with many rules of thumb, it’s worth...more
The use of transactional representations and warranties insurance is now well established, but that was not the case only a dozen years ago, when RWI in corporate mergers and acquisitions transactions was a growing, but still...more
INTRODUCTION - Welcome to the second edition of Real Insight, our UK real estate update. It's jam-packed with the Renters' Rights Act, real estate debt, W&I insurance, trends in real estate asset management M&As, data...more
For many majority owners of private companies, selling their business is a once in a lifetime event without “do overs.” They want to secure top dollar when the company is sold, and this post reviews strategies that are geared...more
In acquisitions and other transactions, representations and warranties (R&Ws) serve as the critical foundation for confirming due diligence efforts and allocating risk between the parties. These contractual assurances cover...more
As M&A deal timelines stretch, some private equity sponsors are finding opportunities when others see only delays....more
Smart acquirers gain the competitive edge by offering price certainty and minimizing post-closing dispute exposure....more
For many first-time buyers, the initial instinct in M&A transactions is to scrutinize every financial detail, prolonging the diligence process until they have an answer to every single question. This is certainly...more
In today’s mergers and acquisitions (M&A) market, a challenge for dealmakers is the gap in valuation expectations between buyers and sellers. Economic uncertainty and a high-interest rate environment have made buyers more...more
When a dispute arises after completion of an M&A transaction, buyers often find themselves facing complex challenges in recovering losses for breaches of warranty or under an indemnity clause. Warranty and indemnity (W&I)...more
Chris Popov and Jamie Leader frequently advise private equity clients before, during, and after a major acquisition or divestiture regarding the issues that arise after a closing and lead to a material dispute. This...more
The first half of 2025 brought a subtle but notable shift in M&A momentum. While the market has not returned to pre-pandemic fervor (few, if any, suspected that likely), we are seeing some hopeful signs. Strategic buyers are...more
If you are selling a business or acquiring one, particularly in the middle market or large-cap space, you will likely hear the term representation and warranties insurance (RWI). It is a common tool in mergers and...more
The US representations and warranties insurance (RWI) market has long been a fixture in M&A transactions, particularly in the mid- and large-cap space. But as dealmakers increasingly look to scale through smaller...more
Warranty & indemnity ("W&I") insurance is playing an increasingly important role in M&A transactions. With the evolving transactional risk market, synthetic W&I insurance has become a viable alternative when traditional W&I...more
At the start of the year, we surveyed M&A lawyers to gather their perspectives on the market dynamics, the year ahead, and the impact of representations and warranties insurance (RWI) on deals. These insights are invaluable...more
Negotiating a basket mechanism into your merger or acquisition agreement? One of the questions it pays to ask (and answer) early on is how that basket mechanism will function with the retention amount you will be negotiating...more
When a buyer in a Merger and Acquisition (M&A) transaction seeks to obtain representations and warranties insurance (RWI), one of the key steps is the underwriting call. This call is a critical part of the insurer’s diligence...more
As a transactional liability brokerage, we place policies including reps and warranties insurance (RWI), tax liability policies, and contingent liability policies. We also oversee claims for these policies. As someone who...more
In this second of a two-part conversation, Ryan discusses current trends and challenges, regulatory changes and shifts, and insurance-related best practices for private equity sponsors. In part one, Ryan talked about...more
In part two of this two-part series, Matt Miller and Andrew Lloyd analyze represenmarket.tations and warranties insurance (RWI) in the health care M&A -2landscape. They discuss the process of finding and securing an...more
Looking back on 2024 in private M&A, several notable trends stand out. In a year generally marked by caution in dealmaking, the Canadian market saw heightened regulatory scrutiny, the growth of private capital financing and...more
In part one of this two-part series, Matt Miller and Andrew Lloyd analyze representations and warranties insurance (RWI) in the health care M&A landscape. They discuss the benefits of RWI for buyers and sellers, policy...more
In the reps and warranties insurance (RWI) space, we are seeing more secondary transactions come across our desks. We're also seeing more willingness from insurers to cover these deals. To discuss this trend, I sat down with...more