Maximizing the Value of Your R&W Insurance Policy

The global M&A boom has spurred an increase in the use of representation and warranty insurance (“RWI”), which is designed to protect the insured party against breaches of a sellers’ representations and warranties in a corporate acquisition or merger agreement. RWI is increasingly used by buyers to differentiate their bids in an ultracompetitive marketplace, as well as by sellers look to maximize returns and minimize post-closing risk.  View Full Post
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THE FIFTH CIRCUIT CALLS INTO QUESTION ITS STANDARD OF REVIEW IN ERISA DENIAL OF BENEFITS CASES

Explaining that “[a]s any sports fan dismayed that instant replay did not overturn a blown call learns, it is difficult to overcome a deferential standard of review,” a panel of the Fifth Circuit Court of Appeals has called for a re-examination of the Court’s standard of review in ERISA denial of benefits cases where the plan does not provide deference to the plan administrator. View Full Post
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Reps & Warranties Insurance Case Highlights the Need for New Expertise and Old-Time Common Sense

A rare lawsuit concerning coverage under a reps & warranties policy presents two issues of interest to M&A lawyers: If the insured under a reps & warranties insurance policy fails to obtain the insurer’s consent to a settlement, coverage for that settlement is forfeited, even if the settlement was “panicked” and on a short timeframe. View Full Post
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Commentary On “Winning the Securities Class Action War”

By | The D&O Diary | May 16, 2017
gavelOver the last several days, Doug Greene of the Lane Powell law firm has been running a series of articles on his D&O Discourse blog asking the question “Who is Winning the Class Action War?” In the aggregate, the multi-part series provides an interesting commentary on the current state of securities class action litigation in the United States. View Full Post
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The Long Reach of ‘WannaCry’ Ransomware

The ransomware trend of 2016 shows no signs of slowing down in 2017.  If anything, this favorite tool of hackers seems to be gaining steam domestically and internationally.  Preying on a vulnerability in Microsoft systems that was reportedly first discovered (but not confirmed) by the NSA , hackers last week infected hundreds of thousands of computers with interconnected ransomware attacks in almost 100 countries.  View Full Post
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