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Employment Liability Claims: Three Simple Steps to Avoid Unnecessary Friction
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Protected Ventures: New Reps And Warranties Product Designed for VCs
As a venture capital (VC) firm, you’re constantly fostering disruptive innovation, so naturally, you're involved in multiple Mergers and Acquisitions (M&A) deals each year. But are you protected from breach of contract in these deals?View Insight -
Before You Get Pushed Out: Protecting Yourself Against Future D&O Claims
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D&O Claims During M&A – Notice the Claim Before It’s Too Late
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More Insight into the 10-Year High in Securities Class Actions
In January, we previewed our findings about what we’re seeing in the securities class action landscape from Woodruff Sawyer’s proprietary D&O DataBox™. In that post, we noted that 2017 had the highest number of filings in the past 10 years.View Insight -
How Well Do You Understand Your Lease and Insurance Obligations During a Claim?
Once in a while, I come across unique requests from clients (especially those who are real estate developers or owners), where the landlord or the tenant wants to shift insurance obligations in the lease from one to the other. This action can be tricky, because critical lease clauses –if not carefully reviewed by a broker--can cause real problems in the event of a claim.View Insight -
IPO Update: Brace for Litigation as Early as Year One
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GDPR Liability, Data Protection, and Fines: Will My Cyber Insurance Cover Them?
When the General Data Protection Regulation (GDPR) goes into effect on May 25th, significant new obligations will be placed on companies doing business in the EU or with European citizens. Adopted in 2016 after a lengthy debate among EU member companies, GDPR goes far beyond the data breach notification requirements that we are familiar with in the US.View Insight -
A Recipe for Litigation: Fiduciary Duty and Conflicts of Interest for PE and VC Board Members
How does one carry out fiduciary duties in the most complex of situations—like when board members represent venture capital investors? Or when a private company’s path to going public goes sideways and leaves the common stockholder with little to nothing?View Insight -
Reps and Warranties – Who Pays For What?
The question of “Who pays for what?” is pretty important when it comes to any aspect of an M&A transaction. This is a question I get asked a lot with regards to the use of Reps and Warranties Insurance. Unsurprisingly, underwriters aren’t concerned where the money comes from as long as they get paid their premium.View Insight -
Getting CEO Succession Right
I recently attended a public company board member roundtable, hosted by the recruiting firm Spencer Stuart, where their executives discussed the topic of CEO succession. Spencer Stuart didn’t just come with an opinion for this talk, they came with data. Let’s take a look.View Insight -
Reps & Warranties Insurance: War Stories (and Advice) from the Front Lines
Whether you’re an experienced veteran in the private equity market, or a strategic buyer looking for a deal-facilitation tool, there can be a steep learning curve when navigating the ins and outs of RWI. To that end, I’d like to share with you some key pieces of advice to help make that curve a bit less steep, and maximize the effectiveness of RWI in your deal.View Insight