M&A Post-Closing Claims for Breaches of Reps and Warranties: Strategies for Pursuing or Defending Recovery
Identifying Trouble Spots That Risk Post-Closing Losses, Impede Recovery, or Undermine Defenses
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will examine the types of post-closing breach claims that arise most frequently in M&A transactions. The panel will share practical tips to help buyers and sellers negotiate and draft more robust deal documents and discuss litigation strategies that should prove useful to parties who find themselves entangled in reps and warranties breach disputes. The panel will also address the pros and cons of representation and warranty insurance, which can shift the risk of reps and warranties breaches to a third party.
Outline
- Common sources of M&A reps and warranties breach claims
- Strategies for pursuing claims
- Strategies for defending claims
- Leveraging M&A reps and warranties insurance
Benefits
The panel will review these and other critical issues:
- Which reps and warranties in the M&A agreement are most commonly subject to breach claims?
- What are best practices for buyers pursuing breach of reps and warranties claims?
- What are strategies for sellers for defending against claims for breach of reps and warranties?
- How can M&A reps and warranties insurance help mitigate the risk of loss for buyers and sellers?
Faculty
Jason G. Tolmaire
Senior Director
FTI Consulting
Mr. Tolmaire is a Senior Director at FTI Consulting in the Forensic and Litigation Consulting practice. He performs... | Read More
Mr. Tolmaire is a Senior Director at FTI Consulting in the Forensic and Litigation Consulting practice. He performs assessments of economic damages such as lost profits, excess costs and diminution in value for companies involved in disputes. Mr. Tolmaire’s work with merger and acquisition disputes has involved assisting buyers and sellers in disputes around working capital, earnouts, and damages resulting from breaches of representations and warranties in sale and purchase agreements. He has also presented on the topic of assessing damages in merger and acquisition disputes and has written an article on working capital disputes.
CloseEarly Discount (through 08/29/25)
Cannot Attend September 24?
Early Discount (through 08/29/25)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.