Reps and Warranties Insurance in M&A: Critical Tool to Mitigate Risk and Close Deals
Evaluating When Insurance is Appropriate, Negotiating Coverage and Exclusions
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide deal counsel with an update on the latest trends in the use of M&A representations and warranties insurance coverage and situations in which it is appropriate to use the coverage to mitigate risk and complete transactions. The panel will discuss the benefits and traps associated with the insurance and critical considerations when negotiating coverage and exclusions.
Outline
- Current trends in purchasing M&A reps and warranties insurance
- Benefits and pitfalls
- When is the insurance appropriate?
- Negotiating coverage and exclusions
- Process for obtaining insurance
Benefits
The panel will review these and other key issues:
- What are the potential benefits and pitfalls associated with M&A reps and warranties insurance?
- How can reps and warranties insurance be used to mitigate deal risk and complete transactions?
- What are the current trends regarding M&A reps and warranties insurance?
- What are some of the critical issues when negotiating reps and warranties insurance coverage and exclusions?
Faculty
J. Hillyer Jennings
Partner
King & Spalding
Mr. Jennings specializes in mergers, acquisitions and other significant corporate transactions. He represents public... | Read More
Mr. Jennings specializes in mergers, acquisitions and other significant corporate transactions. He represents public and private companies and private equity funds in a variety of M&A and corporate matters. Mr. Jennings works with clients around the world on a full range of M&A transactions. These multijurisdictional transactions include public and private company mergers, acquisitions and dispositions; tender offers; joint ventures and strategic investments. He also represents private equity funds in control and non-control investment transactions and investment exit transactions.
Close
Bryan M. O'Keefe
Partner, Co-Leader Transactional Risk Insurance Group
Seyfarth Shaw
Mr. O’Keefe is the co-creator and co-leader of the firm’s interdisciplinary Transactional Risk... | Read More
Mr. O’Keefe is the co-creator and co-leader of the firm’s interdisciplinary Transactional Risk Insurance group. Operating as a model of cross-departmental entrepreneurship, the Transactional Risk Insurance group has quickly become one of the industry’s leading underwriting counsel practices. Mr. O’Keefe and his team of over 60 Seyfarth attorneys worldwide advise RWI markets on all aspects of a deal, including advising at the pre-bid stage, crafting deal-specific and highly tailored underwriting call agendas, leading underwriting calls, running the underwriting process, preparing narrowly tailored exclusions, identifying key legal risks, and assisting with policy drafting. Further, leveraging the firm’s long history of success in the capital market space, the team is the RWI market leader in secondary transactions. The Transactional Risk Insurance group also serves as coverage counsel on claims emanating from RWI policies. Mr. O’Keefe frequently appears in the media commenting on transactional risk insurance matters and is widely recognized as one of the thought leaders in the industry.
Close
Nikul Patel
Attorney
King & Spalding
Mr. Patel specializes in mergers, acquisitions and other significant corporate transactions. A Senior... | Read More
Mr. Patel specializes in mergers, acquisitions and other significant corporate transactions. A Senior Associate in the firm's Mergers & Acquisitions practice, he represents public and private companies and private equity funds in a variety of M&A and corporate matters domestically and globally.
Close