Reps and Warranties Insurance in M&A: Critical Tool to Mitigate Risk and Close Deals
Evaluating When Insurance is Appropriate, Negotiating Coverage and Exclusions
A live 90-minute premium CLE video webinar with interactive 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
Christopher T. Duffy
Attorney
Seyfarth Shaw
Mr. Duffy enjoys the opportunity to identify and assess complex legal risks for mergers and acquisitions involving... | Read More
Mr. Duffy enjoys the opportunity to identify and assess complex legal risks for mergers and acquisitions involving different areas of law, including corporate, tax, litigation, real estate, labor and employment, intellectual property, and finance. He provides practical legal advice through every phase of the transactional underwriting process—due diligence, assessment of key transactional risks, and negotiations with buyers’ counsel to craft commercial transactional risk products. Mr. Duffy’s prior experience as a representations and warranties insurance coverage attorney at a law firm and as a tax advisor at a Big Four accounting firm provides him with a unique perspective to effectively help his clients with their legal matters.
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Bryan M. O'Keefe
Partner, Co-Leader Transactional Risk Insurance Group
Seyfarth Shaw
Mr. O’Keefe is the co-creator and co-leader of Seyfarth’s interdisciplinary Transactional Risk Insurance... | Read More
Mr. O’Keefe is the co-creator and co-leader of Seyfarth’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. The Seyfarth team’s experience extends beyond traditional reps deals and has grown to encompass real estate and REIT transactions, tax insurance, and contingent risk.
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Michael Anthony Tyner, Jr.
Attorney
King & Spalding
Mr. Tyner is a member of King & Spaulding’s Mergers and Acquisitions practice. His practice focuses on... | Read More
Mr. Tyner is a member of King & Spaulding’s Mergers and Acquisitions practice. His practice focuses on representation of private equity funds and corporate clients in mergers and acquisitions and general corporate matters.
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Austin Whan
Attorney
King & Spalding
Mr. Whan is a member King & Spalding’s Corporate, Finance and Investments Practice Group. He represents... | Read More
Mr. Whan is a member King & Spalding’s Corporate, Finance and Investments Practice Group. He represents public and private companies, as well as private equity funds, in a wide range of M&A and general corporate matters.
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