The representations and warranties put forth by a seller are critical components of business mergers and acquisitions (M&A). In a traditional M&A transaction, the seller agrees to indemnify the buyer for a set period of time against breaches of their representations and warranties. The indemnity is often backed by an escrowed portion of the proceeds otherwise payable at closing. This usually amounts to around 10% to 15% of the proceeds for 1 – 2 years. However, the emerging use of representations and warranties insurance is changing or eliminating this traditional structure for many M&A deals (source 1).

In May, when a draft of the Supreme Court’s decision regarding abortion rights was leaked to the public, many companies began preemptively considering the impact on employees should the decision to overturn Roe v. Wade come to fruition (source 6). After the U.S. Supreme Court officially struck down Roe vs. Wade in June, shockwaves were felt across the country. While initial reactions have been diverse, companies around the nation are attempting to find the appropriate balance in responding to the ruling and supporting employees without wading too far into the political debate or further inflaming tensions (source 3).

After a year of slashed demand in 2020, global oil demand surged in 2021 as the world began to recover from the coronavirus pandemic. In 2022, energy demand and commodity prices are still up, indicating that the energy industry is strong (source 3). Refineries are operating at approximately 95% capacity, and many companies would like to expand operations conservatively. But, like other industries all across the country, energy companies are struggling to find and hire qualified employees to fill positions. They’re also grappling with ongoing supply chain problems that make it difficult to obtain materials and purchase or repair vital equipment. As the insurance marketplace continues to contract, prices are rising for several product lines.

After a year or two of hardening, the insurance market for senior living facilities took another hit in 2020 due to the COVID-19 pandemic’s new wave of compounding challenges. Brokers working with these healthcare organizations were warned to keep a wary eye on increased liability and tighter underwriting moving into 2021 (source 1).

Cyberattacks hit companies daily as malicious actors seek to benefit by preying on vulnerable business systems. While there are a myriad of different attacks plaguing organizations of all sizes, phishing is an increasingly common threat.