Overview
Carlton Fields has a nationwide practice representing issuers of representations and warranties insurance in litigation and arbitration arising from M&A transactions. Our team combines M&A litigators with the coverage experience of our insurance practitioners and the deal analysis of our corporate securities and M&A attorneys to evaluate claims. We also work with national forensic accounting firms experienced in M&A transactional loss analysis and R&W insurance.
We have handled dozens of RWI matters, including two significant arbitrations against private equity firms that we tried to final award before JAMS and the American Arbitration Association in New York, both resulting in favorable outcomes below the range of the claimants' demands. Our attorneys have also been appointed to arbitration panels by RWI insurers, including in two matters in which one of our attorneys was selected as an arbitrator to hear and decide RWI claims.
When handling RWI claims, we conduct policy analysis and interpret the acquisition agreement, drawing on our knowledge of Delaware and New York contract law. We investigate the claimed breach, including financial statement, tax, product failure, regulatory, and compliance issues, review the acquisition agreement's terms and limitations, and value damages while protecting against potential bad faith claims.
