New Tax Insurance Options On The Rise In M&A

By Robert Holo and Tyler Robbins (April 25, 2019, 3:35 PM EDT) -- Representation and warranty insurance policies have become an important part of the private equity sale and acquisition playbook. As discussed below, R&W policies do not protect buyers in M&A transactions from known contingencies, and even when it comes to protection from historical tax contingencies, R&W policies may leave something to be desired. Recently, unique risk allocation and shifting mechanisms have been coming to the forefront to protect buyers from latent tax liabilities, which we describe below....

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