Representations and warranties insurance (RWI) — a tool used in an M&A deal to cover for breaches in a seller’s reps and warranties — is gaining ground as these products get more sophisticated and the risks involved are better understood by the market. “The use of RWI is becoming more and Continue Reading
4 Types of Evidence To Bolster Your Bad Faith Case
For policyholders, bad faith claims are perhaps the strongest tool to deter insurance companies from denying coverage without proper justification or unreasonably delaying its decision on a claim. However, definitively proving that a carrier acted in bad faith can often be an uphill battle. Here, Continue Reading
Report: Patent Litigation Bounced Back, Migrated to Texas in 2015
The number of patent cases filed in federal court jumped up in 2015, and the Eastern District of Texas emerged as the single most popular place to file cases by a large margin, according to a report scheduled for release on Wednesday. Issued by data analytics company Lex Machina, the report looks Continue Reading
4 Essential Reads For Private Equity Attorneys
A large portion of legal learning comes through law school and subsequent real-world experience, but private equity attorneys say there is plenty to be gleaned from reading done outside of work. The captivation that comes with reading for pleasure can help you better comprehend complicated Continue Reading
Prosecutor Fights Discovery In Wilmington Trust Class Suit
A dispute has erupted over a request to resume discovery in a federal class action suit targeting Wilmington Trust Co.’s concealment of disastrous loan portfolio weaknesses, with parties in a related criminal case joining in. An attorney for former Wilmington Trust President Robert V.A. Harra Jr. Continue Reading
AstraZeneca Urges Del. Justices To End Nexium Fraud Case
An attorney for AstraZeneca Pharmaceuticals told Delaware Supreme Court justices on Wednesday they have no reason to resurrect a 12-year-old class action in which six unions accused the company of consumer fraud for promotions that drove doctors to prescribe the heartburn medicine Nexium instead of Continue Reading
Europe Is Land Of Opportunity For PE Deals In Down Market
Private equity firms trying to stay active in the shaky deals market that has thus far plagued early 2016 should focus their gaze on Europe, where attractive assets are plentiful and economic hardships faced by many other parts of the world haven't had an impact, experts say. Firms big and small Continue Reading
PE Building Tech Portfolios On Foundation Of Mature Cos.
Private equity players seeking to bolster their portfolio of technology assets should follow the lead of industry titans by thinking long-term and targeting mature tech companies before buying up startups that could eventually become the next big thing, experts say. Howard Berkower, a partner Continue Reading
McCarter & English Examining A Suddenly Popular Statute Tied To Online Terms and Conditions
According to McCarter & English, the firm has developed a task force to address an uptick in claims regarding the Truth-in-Consumer Contract, Warranty and Notice Act. “We’ve seen a real uptick in those recently,” said Edward Fanning, partner at the firm. “It appears that the organized Continue Reading
PE Staying On Straight And Narrow Despite Friendly Market
Though private equity firms are loaded with capital and sky-high valuations of targets are declining, experts say the favorable market won’t necessarily lead to an overabundance of private equity transactions in 2016 because of the industry's characteristically selective approach to Continue Reading