News & Analysis as of

Representations and Warranties Insurance Mergers

White & Case LLP

Synthetic W&I Insurance: Broadening Warranty Protection in M&A

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Warranty & indemnity ("W&I") insurance is playing an increasingly important role in M&A transactions. With the evolving transactional risk market, synthetic W&I insurance has become a viable alternative when traditional W&I...more

Woodruff Sawyer

Analyzing the State of M&A in 2025: Key Survey Insights

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At the start of the year, we surveyed M&A lawyers to gather their perspectives on the market dynamics, the year ahead, and the impact of representations and warranties insurance (RWI) on deals. These insights are invaluable...more

Woodruff Sawyer

How To: M&A Deal Baskets and Reps & Warranties Insurance

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Negotiating a basket mechanism into your merger or acquisition agreement? One of the questions it pays to ask (and answer) early on is how that basket mechanism will function with the retention amount you will be negotiating...more

Otten Johnson Robinson Neff + Ragonetti PC

Preparing for a Representations and Warranties Underwriting Call in a Merger and Acquisition Transaction

When a buyer in a Merger and Acquisition (M&A) transaction seeks to obtain representations and warranties insurance (RWI), one of the key steps is the underwriting call. This call is a critical part of the insurer’s diligence...more

Levenfeld Pearlstein, LLC

Insurance-Related Trends, Risks, and Recommendations for Private Equity Transactions: A Conversation with Ryan Seager at...

In this second of a two-part conversation, Ryan discusses current trends and challenges, regulatory changes and shifts, and insurance-related best practices for private equity sponsors. In part one, Ryan talked about...more

K&L Gates LLP

RWI in Health Care M&A: Part 2

K&L Gates LLP on

In part two of this two-part series, Matt Miller and Andrew Lloyd analyze represenmarket.tations and warranties insurance (RWI) in the health care M&A -2landscape. They discuss the process of finding and securing an...more

Blake, Cassels & Graydon LLP

Private M&A: Year in Review and Outlook

Looking back on 2024 in private M&A, several notable trends stand out. In a year generally marked by caution in dealmaking, the Canadian market saw heightened regulatory scrutiny, the growth of private capital financing and...more

K&L Gates LLP

RWI in Health Care M&A: Part 1

K&L Gates LLP on

In part one of this two-part series, Matt Miller and Andrew Lloyd analyze representations and warranties insurance (RWI) in the health care M&A landscape. They discuss the benefits of RWI for buyers and sellers, policy...more

Bennett Jones LLP

Canada's M&A Landscape Q3 2024: Creativity in Canadian Deal Making

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The third quarter of 2024 saw big deals, some encouraging trends and lower interest rates in Canada's M&A market. Dealmakers continue to show their creativity to bridge the valuation gap between buyers and sellers. We look at...more

Woodruff Sawyer

Reps & Warranties Insurance: Our 2024 Guide

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The use of representations and warranties insurance (RWI or R&W) has become increasingly mainstream. An estimated 75% of private equity transactions and 64% of larger strategic acquirers use it. Woodruff Sawyer’s R&W team...more

Williams Mullen

[Webinar] M&A Series: The Latest Trends in Middle-Market M&A - April 16th, 11:00 am - 11:15 am EDT

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Please join Williams Mullen attorneys Jon Bliley and Rakesh Parikh as they discuss the latest trends in middle-market M&A, touching on several topics, including rep & warranty insurance and indemnification....more

Goodwin

Developments in W&I Insurance in Asia

Goodwin on

In recent years, the number of insurers offering M&A insurance (known as warranty and indemnity (W&I) insurance) in Asia has doubled. This is ushering in a new era for risk allocation in M&A that is more favorable to buyers...more

Woodruff Sawyer

Reps and Warranties Claim Trends: A 2023 Review

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In 2023, overall mergers & acquisitions (M&A) deal volume was much slower than in prior years; however, as expected, there was a surge in claims during this period. From mid-2020 through mid-2022, we saw a large uptick in...more

Latham & Watkins LLP

W&I Insurance Likely to Play Increasing Role in Energy and Infrastructure

Latham & Watkins LLP on

Stapled W&I policies and synthetic policies will likely be increasingly common features of E&I transactions, although their feasibility should be assessed case by case. Warranty and indemnity insurance (W&I) is a...more

Woodruff Sawyer

[Virtual Event] Looking Ahead to 2024: Trends in M&A and Private Equity - October 24th, 10:00 am - 10:30 am PT

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Join us for a lively 30-minute discussion where our head of transactional insurance and the head of our private equity practice discuss top trends in M&A and PE. We'll cover: - The rollercoaster of RWI pricing - The RWI...more

Holland & Knight LLP

What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

Holland & Knight LLP on

In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing...more

Lowenstein Sandler LLP

Part II: The Intersection of Emerging Trends in M&A/ Private Equity and Reps & Warranty Insurance: The Road Remains Bumpy For...

Lowenstein Sandler LLP on

Hosts Lynda Bennett and Eric Jesse build on their recent discussion with Lowenstein M&A Chair and Transactions & Advisory Group co-Chair Marita Makinen about the current state of play in the M&A and private equity space. The...more

Lowenstein Sandler LLP

The Intersection of Emerging Trends in M&A/ Private Equity and Reps & Warranty Insurance: The Road Remains Bumpy For Dealmakers

In today’s episode of Don’t Take No For An Answer, hosts Lynda Bennett and Eric Jesse are joined by Marita Makinen, Partner and Chair of Lowenstein’s Mergers & Acquisitions group and Co-chair of its Transactions & Advisory...more

Lowenstein Sandler LLP

Are Buyers Still Getting Paid? The Evolution of R&W Insurance Claims - R&W Insurance Claims Report 2023

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As we emerge from the COVID pandemic and the risk environment for corporate America remains high, now is a good time to revisit a question critical to private equity firms and strategic buyers in the mergers and acquisitions...more

Lowenstein Sandler LLP

What’s New in the RWI Market? A Sneak Peek at Lowenstein’s Upcoming Survey Results

Lowenstein Sandler LLP on

Today on “Don't Take No for an Answer,” co-hosts Lynda A. Bennett and Eric Jesse of the Insurance Recovery Group at Lowenstein Sandler discuss the upcoming publication of their second report on reps and warranties insurance...more

Proskauer - Employee Benefits & Executive...

[Podcast] Episode 49: Rep and Warranty Insurance and Executive Compensation and Employees Benefits

In this episode of The Proskauer Benefits Brief, David Teigman, partner in the Employee Benefits and Executive Compensation Group, Simon Sharpe, partner and member of our Private Equity and Mergers & Acquisitions groups and...more

Woodruff Sawyer

Representations and Warranties Trends for 2023

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With 2022 fully in the rearview mirror, we would like to highlight some trends we expect to see continuing into 2023. The economy continues to face tremendous uncertainty. According to the World Bank’s Global Economic...more

Woodruff Sawyer

R&W Claims 101: Types of Loss

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There’s been a breach in your mergers and acquisitions (M&A) agreement—you suspect the seller misrepresented something. If you had the foresight to purchase reps and warranties insurance, you can now file a claim to recover...more

Woodruff Sawyer

M&A Minute: When R&W Insurance Works to Cover Interim Breaches

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Reps and warranties insurance (RWI) ensures the policyholder is covered for breach of contract for mergers and acquisition (M&A) transactions. Failures in diligence or fraud on the part of the seller can result in breaches of...more

Lowenstein Sandler LLP

Do R&W Insurers Still Pay Claims? Following Up on Lowenstein’s 2020 Survey

In 2020, Lowenstein Sandler released a groundbreaking report, authored by Lynda A. Bennett and Eric Jesse of Lowenstein’s Insurance Recovery Group, based on results of a survey that sought to answer a key question about reps...more

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