1-Hour Program

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Overview

It seems that COVID-19 is changing everything — and Mergers & Acquisitions (M&A) is no exception.  As with other segments of the economy, the novel coronavirus pandemic is reshaping the M&A landscape, from deal flow to changes in due diligence norms and the terms and availability of Representations & Warranties Insurance (RWI) for M&A transactions.  In this Briefing, Joseph Ehrlich and Jackson Bender, co-practice leaders of Beecher Carlson Insurance Services, LLC’s Private Equity, Family Office and M&A insurance division, and Jay Rittberg, Managing Principal of Euclid Transactional, explore the profound impact of the pandemic on M&A activity in the United States as well as the developing games plan of M&A deal professionals to react and adapt to it.  The changes include modification in standard due diligence practices and the response of the now mission-critical RWI market.   In this web briefing, Joe, Jay and Jackson will:

  • Summarize the impact of novel coronavirus on deal activity
  • Detail some of the specifics of how M&A professionals and RWI insurers are reevaluating the critical elements of the due diligence process to account for the nearly universal impact of novel coronavirus on business, from the enforceability of contracts, to employment matters to supply chain disruption and beyond -- no aspect of business is safe from the impact 
  • Discuss the reaction of RWI insurers to the pandemic, including a look at new exclusions that have quickly popped up in the face of the uncertainty created by the pandemic
  • Suggest ways for M&A attorneys and other advisors to effectively navigate the new underwriting environment and negotiate RWI policy language in light of the changing market dynamics 

 

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