The Increasing Importance of Reps and Warranties Insurance in M&A Deals

As I have previously noted (most recently here), Reps and Warranties Insurance is an increasingly indispensable part of M&A deals.  While this observation has been true for some time now, a competitive marketplace for Reps and Warranties Insurance has increased the relevance and significance of the insurance as part of corporate deal-making. An interesting December 11, 2017 Harvard Law School Forum on Corporate Governance and Financial Regulation article entitled “Representations and Warranties Insurance in M&A Transactions” (here) takes a look at the current state of play for Reps & Warranties Insurance in the M&A arena and examines the benefits the insurance affords for M&A transaction parties. The article also examines the insurance’s limitations as well as possible ways to address these constraints.   The State of the Marketplace Reps and Warranties Insurance affords a means by which an M&A transaction buyer can recover…

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