Transactional Risk / W&I

When instructed we will quickly look to identify the key valuation and accounting issues that need to be understood for an early and effective coverage and quantum assessment, including the:

• Form of the alleged breached warranty;
• Type of warranted financial information;
• Other warranties that may have been breached;
• Relevant accounting standards;
• Purchase agreement and insurance policy provisions;
• The Buyer’s valuation approach and the likelihood of multiplied loss being applicable to the claim;
• Extent to which the Buyer may have already been compensated for loss/damage.

Our aim is to facilitate prompt and commercial claims settlements or advance payments wherever possible. Additionally, we understand that our clients will often (at least initially) prefer to reduce the extent of disclosure or information requests, and instead where possible work with materials obtained during underwriting or in the public domain. We have a strong knowledge of the typical extent and form of such information and its limitations.

Industries with specific W&l claims experience:

• Consumer Goods
• Facilities Management
• Financial Institutions
• Healthcare
• Logistics
• Manufacturing
• Pharmaceuticals
• Real Estate
• Retail
• Software and Artificial Intelligence
• Telecoms and IT Services
• Testing Laboratories
• Tourism

Types of warranty breach we have dealt with:

• Accounts, management accounts and accounting records
• Bonuses and commissions
• Compliance with law
• Information/disclosure warranties
• Material contracts
• Product liability
• Q&A and Replies to Enquiries
• Regulatory reporting

We have advised on claims with policies / purchase agreements under English law, as well as the laws of Denmark, The Netherlands, Norway, Sweden, Finland, Germany and Canada.