Assessing Potential Risk and Minimizing
Exposure in Corporate Dealmaking
CD of Teleconference with Q&A
Click here for program outline
Conducted on Tuesday, September 2, 2008
Now available on CD
Sponsored by Insurance Law & Litigation Week
and the Legal Publishing Group of Strafford Publications
Insurance Law Teleconference Advisory Board
Companies that participate on either side of a merger or acquisition must carefully consider insurance coverage issues as part of the due diligence analysis to protect buyer and seller.
Businesses acquiring or merging with another company must fully understand the potential liabilities to which they may be exposed, as well as the acquiree's existing insurance coverage both past and present.
Proper due diligence requires thorough analysis of risk exposure due to transfer and assumption of contractual obligations, property loss control, unknown or unreported claims, and insufficient claim reserves, among others.
Listen as our authoritative panel of insurance counsel offers their perspective and best practices on due diligence into potential liabilities and the claims experience, insurance coverage of the merged or acquired company, and the impact of contract indemnification language on insurance.
The panel included:
Robert M. Horkovich, Shareholder, Anderson Kill & Olick, New York. He is a trial lawyer with substantial experience in trying complex insurance coverage actions for corporate policyholders. The Chambers Guide calls him "the 'go-to person' in the area of insurance recovery."
Amy J. Fink, Partner, Howrey LLP, Los Angeles. She specializes in general and complex business litigation, insurance coverage advice and litigation. She advises on insurance-related issues, including coverage for securities-related claims. She also conducts an active commercial litigation practice in a variety of other areas, including defamation, eminent domain, shareholder derivative actions, fraud and unfair business practices.
Robert M. Fineman, Partner, Duane Morris, San Francisco. He practices in the areas of commercial and insurance coverage litigation with an emphasis on complex litigation involving contract disputes and environmental matters. He handles matters involving coverage and bad faith allegations, business disputes, construction defects, subrogation and contribution, toxic torts, regulatory issues and environmental matters.
The panel reviewed these and other key questions:
- What should companies considering a merger or acquisition look for when reviewing the object company's historic insurance assets?
- What analysis should be conducted by the acquiring company when there appear to be gaps in the acquired company's coverage?
- What are the best ways to identify potential liabilities of the company to be acquired — and how can the acquiring company minimize the risks?
TELECONFERENCE CD
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