Reps And Warranties — Keeping M&A Liabilities In Check

Law360, New York (May 1, 2015, 10:14 AM EDT) -- In recent years, representation and warranty insurance has gained popularity as a tool to decrease transaction liability exposure in mergers and acquisitions. These policies can be particularly useful in the context of cross-border transactions, for both financial and strategic parties, to facilitate middle-market transactions involving foreign buyers or sellers of domestic U.S.-based businesses. The product is also beginning to gain traction in transactions outside the United States.

As the M&A market heated up in 2014, particularly in middle-market transactions, so did the market for representation and warranty insurance (RWI), a transaction liability insurance[1] product that has become an increasingly utilized tool...

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