SPAC Merger Litigation: Mitigating Risk for SPAC Boards and Sponsors; Rep & Warranty, D&O Insurance, Recent Case Law
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will examine recent litigation associated with special purpose acquisition companies (SPACs) and theories of liability with which directors and sponsors need to be concerned when moving forward with de-SPAC transactions. The panel will also discuss best practices regarding governance and disclosure to avoid shareholder suits and how representation and warranty and D&O insurance can be used to mitigate exposure for directors, officers, and sponsors.
- SPACs, de-SPACs, and the potential for litigation
- Types of SPAC lawsuits
- Securities class actions
- Breach of fiduciary duty: Multiplan and the entire fairness standard
- Using rep and warranty and D&O insurance to mitigate against the risk of liability
The panel will review these and other critical issues:
- What potential conflicts of interest exist between the sponsor and investors in a SPAC?
- Why are securities class actions of particular concern when contemplating a de-SPAC transaction?
- What is the significance of the court applying the entire fairness standard (as opposed to the business judgment rule) in the Multiplan case?
- How can the underwriting aspects of rep and warranty insurance mitigate the risk of claims against SPAC directors and sponsors?
Yelena Dunaevsky, Esq.
Vice President, Transactional Insurance
Ms. Dunaevsky is a member of Woodruff Sawyer’s transactional insurance brokerage and SPAC teams. She advises... | Read More
Ms. Dunaevsky is a member of Woodruff Sawyer’s transactional insurance brokerage and SPAC teams. She advises clients on M&A- and IPO-related insurance solutions, including representations and warranties insurance and D&O insurance for SPACs. Ms. Dunaevsky is a frequent speaker and author. She serves as the M&A managing editor of the American Bar Association’s Business Law Today and is the executive editor of the SPAC Notebook, a blog series that covers SPACs and SPAC risks.Close
Akin Gump Strauss Hauer & Feld
Ms. Lindemuth represents clients in complex commercial litigation, with an emphasis on securities, shareholder, and... | Read More
Ms. Lindemuth represents clients in complex commercial litigation, with an emphasis on securities, shareholder, and consumer class action defense, including litigation involving or relating to special-purpose acquisition companies (SPACs). She has developed an expertise in litigating and advising clients regarding corporate governance, limited liability company member, and contractual disputes. Ms. Lindemuth also has experience in bankruptcy litigation, internal, regulatory, and criminal investigations, and matters concerning employment, labor, cybersecurity, privacy and insurance defense.Close