Reps and Warranties Insurance in M&A: Critical Tool to Mitigate Risk and Close Deals

Evaluating When Insurance is Appropriate, Negotiating Coverage and Exclusions

An encore presentation.

A 90-minute premium CLE video webinar

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, December 27, 2023

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, December 8, 2023

or call 1-800-926-7926

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.

Description

Reps and warranties insurance is a mainstay in M&A transactions. For buyers and sellers, insurance is an alternative form of protection in structuring transactions and can be used to streamline negotiations between buyers and sellers.

Sellers use reps and warranties insurance to minimize exposure to post-closing indemnification liabilities, and buyers use it strategically in a competitive process. Both parties can use insurance to resolve issues when negotiations reach an impasse.

Deal counsel must be aware that reps and warranties insurance is best suited to certain types of deals and potential issues that can arise in structuring and negotiating coverage and exclusions.

Listen as our authoritative panel of deal attorneys reviews the ways to use M&A reps and warranties insurance in deal negotiations, the benefits and pitfalls associated with the insurance, and factors to take into account when negotiating coverage and exclusions.

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Outline

  1. Current trends in purchasing M&A reps and warranties insurance
  2. Benefits and pitfalls
  3. When is the insurance appropriate?
  4. Negotiating coverage and exclusions
  5. 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?

An encore presentation.

Faculty

Jennings, J. Hillyer
J. Hillyer Jennings

Partner
King & Spalding

Mr. Jennings specializes in mergers, acquisitions and other significant corporate transactions. He represents public...  |  Read More

O'Keefe, Bryan
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

Patel, Nikul
Nikul Patel

Attorney
King & Spalding

Mr. Patel specializes in mergers, acquisitions and other significant corporate transactions. A Senior...  |  Read More

Attend on December 27

Early Discount (through 12/08/23)

Cannot Attend December 27?

Early Discount (through 12/08/23)

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.

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