Comment on Griffith’s Deal Insurance: The Continuing Scramble Among Professionals

34 Pages Posted: 16 Jun 2020 Last revised: 17 Jun 2020

Date Written: May 21, 2020

Abstract

In his recent article, Professor Sean Griffith observes a substantial development in the M&A market. Increasingly, buyers and sellers replace traditional deal terms with an insurance product — representation and warranty insurance (“RWI”). This essay considers how this new product and the insurance professionals who sell and underwrite it affect the traditional role of M&A lawyers. It concludes that RWI, in its present form, does not substantially encroach on the traditional role of M&A lawyers. But it also notes that representations and warranties are ripe for technological innovation and that insurance professionals may be better positioned then lawyers to seize the opportunity.

Keywords: mergers and acquisitions, legal profession, transactional lawyers, representation and warranty insurance

JEL Classification: K22

Suggested Citation

Cable, Abraham, Comment on Griffith’s Deal Insurance: The Continuing Scramble Among Professionals (May 21, 2020). 104 Minnesota Law Review Headnotes 75 (2020), Available at SSRN: https://ssrn.com/abstract=3607280

Abraham Cable (Contact Author)

UC Hastings Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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