Month: July 2024
Will A Bump-Up Exclusion Bar Coverage of an M&A Settlement? It Depends.
Public company insurance policyholders beware: In recent years, insurance carriers have increasingly invoked the “bump-up” exclusion, which is a carve out provision typically found in directors and officers (D&O) insurance policies. In many public company M&A deals, the shareholders of the target or acquired company will file a lawsuit challenging […]
4 Tips for Drafting Earnouts To Avoid Disputes
Amid a somewhat sluggish mergers and acquisitions market, and as buyers seek to scoop up companies at a discount while sellers long for the sky-high valuations of 2020 and 2021, the earnout is having a moment. To learn more about tips on drafting earnouts to avoid disputes please see the […]