6th IBA European Corporate and Private M&A Conference
1 Feb - 2 Feb 2018
Session information
Tell me more: how to produce an insurable due diligence report
Thursday 1 February (1545 - 1645)
Committee(s)
Corporate and M&A Law Committee
(Lead)
European Regional Forum
(Lead)
Description
You are confronted with the kick-off of a cross-border transaction in which the seller insists on M&A insurance for any liabilities deriving from the breach of representations and warranties. What do you need to consider in such a case? What needs to be discussed with the client? How does this feature of the transaction influence your scope of due diligence? What language should the report be in? Can you leave aside less important jurisdictions or smaller entities? Where is the limit? Will an issue report suffice or do we need to go back to the good old comprehensive report? How should you instruct local counsel? The panel will discuss those issues and also give an overview over the ever-changing terms and conditions of warranty insurance in Europe.
Session / Workshop Chair(s)
| Olivier Clevenbergh | Strelia, Brussels, Belgium |
Speakers
| Josh Cowen | Fusion Specialty , London, England |
| Graham Gibb | Macfarlanes LLP, London, England; Vice Chair, Corporate Membership Subcommittee |
| Anka Taylor | Aon UK Limited, London, England |