This article is part of a continuing series by Frank Jones outlining recurring issues of critical importance to sellers in private company M&A. Previous topics include Equity Rolls, Net Working ...

Note: This is the first in a series of posts that will discuss the use of RWI in Mergers & Acquisitions. Essential to a buyer’s and seller’s evaluation of the purchase and sale of a company is the ...

Over the past decade, representations and warranties insurance (RWI) has emerged as a critical tool to mitigate risk in merger and acquisition (M&A) transactions. In fact, while RWI may initially have ...

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To continue reading this content, please enable JavaScript in your browser settings and refresh this page. Protecting deal value requires a strategic approach to risk ...

Five years ago, representations and warranties insurance was a once-in-a-blue-moon sort of challenge for McCarthy Tétrault LLP lawyer Jake Irwin. Last year, says Toronto-based Irwin, it was a factor ...

Deal terms for private M&A deals with a private equity fund buyer can differ greatly from the broader M&A market. To get deals done in a volatile 2022, financial buyers diverged from some of the buyer ...

While RWI policies are manuscripted policies separately negotiated for each transaction, the vast majority contain arbitration clauses, meaning that claim disputes are resolved privately without ...