MERGERS AND ACQUISITIONS

  • Assisting on placement and negotiation of multiple transactional insurance products since 2000, including:
    • Buy-side and sell-side representations and warranties insurance
    • U.S., Canadian, and European deals
    • Tax opinion insurance
    • Tax indemnity insurance
    • Litigation management/specific liability products
    • Environmental insurance
    • Traditional insurance products relevant to the transaction
  • Negotiating indemnity and insurance terms, including in the M&A context
  • Advising regarding post-transaction disputes
  • Insurance-related diligence, including known target risks

INSURANCE AND INDEMNIFICATION GENERALLY

  • Assisting corporations and management in assessing risks and negotiating the terms of directors and officers, cyberinsurance, employment practices, commercial general liability, errors and omissions, and other insurance policies (environmental liability, environmental cost cap, fiduciary liability, errors and omissions, homeowners, business interruption, property, cargo, etc.)
  • Advising corporations and management regarding management indemnification rights and exposures, including in securities litigation, government investigations, and government civil and criminal actions both in the United States and abroad
  • Advising corporations and individual directors and officers regarding rights under insurance policies with regard to actual or potential claims, including in bankruptcy situations
  • Advising and litigating patent-related indemnification disputes

PUBLISHED DECISIONS

  • Allstate Insurance Company v. Mel Rapton, Inc. (2000) 77 Cal. App. 4th 901, 92 Cal. Rptr. 2d 151
  • Gonzales v. Ameriquest Mortgage Co. et al., 2004 WL 2472249 (N.D. Cal.)