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A Trending Tool in Making M&A Faster and Less Risky: Reps and Warranty Insurance

May 19, 2022

On May 19th,  at the Association of Corporate Counsel’s Annual Conference, Attorney Sherry Coley and Attorney Rob Macklin will be participate in a panel discussion. The title of the panel is “A Trending Tool in Making M&A Faster and Less Risky: Reps and Warranty Insurance.”

A competitive M&A market has continued to support the growing use of Representations and Warranties Insurance (RWI) in mergers and acquisitions by both private equity and the private sector.  Studies show the use of RWI in transactions increased from 29% in 2017 to 52% in 2019 and has continued to grow.  Why are more and more Corporate Counsel using it?  Are the (substantial) costs worth the benefit for your deal – and how can you explain it to your business partners? It is critical for Corporate Counsel and others involved in the M&A process to understand how, when, and whether to use RWI as a strategic tool to help eliminate risks and expedite transactions.

During this presentation, the panel will discuss RWI for both buyers and sellers. They will share:

  • Strategic benefits to both buyers and sellers using RWI
  • Updates and emerging RWI trends
  • Strategy to execution – when to introduce RWI in the M&A process
  • Policy terms and pricing – what to look for and what to avoid
  • What to expect when making a claim


  • Robert Macklin, Davis|Kuelthau, Shareholder, M&A/Corporate Attorney
  • Sherry Coley, Davis|Kuelthau., Shareholder, Commercial and Finance Litigation Attorney
  • John Kramp, AON, Transaction Liability Broker, Vice President
  • Kyle Flanagan, Generac, Assistant General Counsel

Additional information, including registration can be found at