Transactional Liability Insurance in Distressed M&A: Challenges and Opportunities in Using Representations and Warranties Insurance in Section 363 Transactions

M&A partners and co-leaders of Mayer Brown’s transactional liability insurance practice Joe Castelluccio and William Kucera discuss some key considerations for insurers and buyers in using representations and warranties insurance in Section 363 transactions, a topic that is likely to generate significant interest in the transactional liability insurance industry in light of the COVID-19 pandemic and related global financial crisis.