Policyholder Pulse

Representations and Warranties Insurance (RWI) has become a standard deal tool. Buyers purchase it to obtain recourse independent of the seller. RWI can strengthen a Buyer’s bid for attractive targets while giving Sellers a clean exit: no indemnity, minimal escrow and little post-closing exposure (absent fraud). Commentators have devoted much attention to RWI’s role in facili...

Over the last decade, governmental plaintiffs have secured tens of billions of dollars in settlements from certain manufacturers, wholesale distributors, and pharmacy operators that allegedly contributed to a nationwide epidemic of opioid use disorder (OUD), a/k/a addiction. Bellwether litigation has centered on expansive “public nuisance” claims—reminiscent of covered pollut...