The Cross-Border Quarterly Report is a snapshot of transactional
activity across the Canada-U.S. border. The purpose of this report
is to provide a quick download of market trends, actionable
insights for decision-makers and to keep our readers ahead of the
curve on where the cross-border market is heading.
Why Canadian dealmakers should consider representations and
warranties insurance
The recent reshaping of indemnification norms in U.S. private
M&A deals caused by the exponential growth and widespread
acceptance of representations and warranties insurance (R&W
Insurance) is the most significant shift in the North American
market since the death of the financing out in the mid-2000s. For a
growing number of dealmakers in the U.S. and Canada, the question
regarding R&W Insurance is when, not whether, to take the
plunge.
