McDermott Will & Schulte, a global law firm

In an article for the New York Law Journal titled, “Novolex Holdings: A Rare Look at an RWI Claim Dispute,” Schulte Roth & Zabel of counsel Howard B. Epstein, partner Theodore A. Keyes and associate Julia R. Cummings discuss representation and warranties insurance (RWI) in the context of Novolex Holdings v. Illinois Union Insurance, which provides important lessons for insurers and M&A practitioners.

Over the past decade, RWI has emerged as a critical tool to mitigate risk in M&A transactions. In fact, while RWI may initially have been seen as a novelty, it is now viewed as a relatively standard requirement in M&A transactions.