Drafting and Negotiating R&W Insurance Provisions in M&A Transactions



Diego Gómez-Cornejo and Soren Lindstrom co-authored this bylined article on the increased use of representation and warranty (R&W) insurance in private M&A transactions. Despite this increase, the authors wrote, “there is no established practice among M&A professionals on how to properly integrate R&W insurance into the terms of the acquisition agreement,” and they provide guidelines for doing so, particularly for buyer-side policies.