Reps & Warranties Insurance From A Compliance Perspective

Law360, New York (July 28, 2016, 12:51 PM EDT) -- Kim Nemirow

Amanda Raad

Natalie Kim As international investors enter more complex transactions in today's globalized world, representations and warranties insurance has become an increasingly important component of any risk mitigation strategy. In fact, one global insurance company reported that the submissions for R&W insurance increased five-fold between 2011 and 2014.[1] Addressing compliance risks, such as corruption, money laundering and sanctions issues in the acquisition context, requires investors to conduct diligence, negotiate adequate risk-based representations and warranties, implement enhancements to compliance programs, and in some instances seek R&W insurance to further protect their investments. However, the decision of whether and how...

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