Our lawyers help companies reduce liabilities, manage crises, and develop growth strategies.
Insurance Due Diligence for M&A Activity
We have regularly represented private equity and public companies in connection with their mergers and acquisition activity. As part of the acquisition team, we develop strategy related to all aspects of potential liabilities, insurance, and risk management, with particular focus on product liability and directors and officers exposures. Our strategic approach involves a broad review of corporate structure and alternative risk transfer mechanisms.
As counsel to a major asbestos defendant that was undervalued and unattractive as a potential acquisition because of the uncertainty surrounding its future asbestos liability, we drafted and helped negotiate an excess-of-loss policy providing an additional $800 million of coverage over a predetermined future liability. Because this policy reassured the market that the company’s asbestos liabilities were contained, the company became a more attractive investment candidate and it subsequently was acquired.
Policy Negotiation and Placement
Our attorneys have provided advice to companies, including one of the world’s leading real estate owners, developers, fund managers, and operators, in negotiating the terms of errors & omissions and directors & officers insurance coverage. Our work in this area has included assessing risk profiles, drafting policy language, and negotiating coverage terms with insurance brokers and insurers.