Reps and Warranties Insurance in Healthcare Transactions: Shifting Liability Risks
Evaluating When Insurance is Appropriate, Negotiating Coverage and Exclusions
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide healthcare counsel on using representation and warranties insurance in healthcare transactions. The panel will examine when such insurance is appropriate, how it can be best utilized, and what should be covered. The panel will offer best practices for leveraging reps and warranties insurance in healthcare transactions.
Outline
- Rep and warranty insurance in healthcare transactions
- When is it appropriate?
- How can it be utilized?
- What should be covered?
- Principal considerations when determining to use rep and warranty insurance
- Best practices for structuring and negotiating rep and warranty insurance
- Coverage
- Exclusions
Benefits
The panel will review these and other key issues:
- What potential benefits and pitfalls are associated with rep and warranty insurance in healthcare transactions?
- How can rep and warranty insurance be used to mitigate risk and complete transactions?
- What are some critical issues when negotiating rep and warranty insurance coverage and exclusions?
Faculty
Andrew M. Arthur
Attorney
Morgan, Lewis & Bockius
Mr. Arthur represents public and private companies and institutional investors in a variety of corporate transactional... | Read More
Mr. Arthur represents public and private companies and institutional investors in a variety of corporate transactional matters, including mergers and acquisitions, commercial contracts, and corporate governance, across various industries including technology, telecommunications, and professional services companies. He leverages that experience to advise clients on real estate issues that arise in the course of corporate transactions.
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Tony Chan
Partner
Orrick
Mr. Chan's practice focuses on advising companies and investors in the life sciences and tech sectors on strategic... | Read More
Mr. Chan's practice focuses on advising companies and investors in the life sciences and tech sectors on strategic domestic and cross-border corporate transactions. He regularly advises clients on M&A, private equity, growth equity, and venture capital transactions, as well as on corporate governance, joint ventures, and corporate finance. His clients include global strategic buyers and sellers, as well as financial sponsors and their portfolio companies in the life science, healthcare, investment management, technology, and video game industries. Mr. Chan also serves as an adjunct professor at Georgetown Law School where he has taught Takeovers, Mergers and Acquisitions since 2015.
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Curtis R. Hearn
Partner
Jones Walker
Mr. Hearn has served as co-lead of the firm’s Corporate Practice Group for 20 years. He has represented buyers... | Read More
Mr. Hearn has served as co-lead of the firm’s Corporate Practice Group for 20 years. He has represented buyers and sellers in public and private transactions involving the acquisition of hospitals and hospital groups; purchase and sale of managed healthcare plans; and purchase of companies in ancillary healthcare services such as radiology and imaging. Mr. Hearn has also been lead counsel on complex healthcare joint ventures. He provides sophisticated guidance at the leading edge of emerging market and regulatory developments, with an emphasis on companies in the energy, healthcare, manufacturing, and logistics industries.
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