Emerging Views® Blog
- On: June 22, 2026
- Posted In: RWI Practice Insights Series
An attorney for an insured with a representations and warranties insurance (“RWI”) claim, particularly when facing a contradictory policy provision or rule of law, should consider whether the doctrine of reasonable expectations of the insured (“REI Doctrine”) or the doctrine of manifest disregard of the...
- On: February 11, 2026
- Posted In: CORPORATE
TABLE OF CONTENTS Corporate Group Mergers and Acquisitions Equity & Growth Capital Banking & Debt Finance General Corporate Litigation Group Real Estate Group M&A to Z Podcast Series Pro Bono and Charitable Efforts We are pleased to highlight a few of the many significant representations...
- On: January 20, 2026
- Posted In: RWI Practice Insights Series
A modern representation and warranty insurance (“RWI”) policy contains a number of ongoing covenants and obligations of the insured with respect to the making and pursuit of claims under the policy. All or almost all of those covenants and obligations are made subject to an...
- On: November 12, 2025
- Posted In: RWI Practice Insights Series
In a modern representation and warranty insurance (“RWI”) policy, the fines or penalties exclusion has evolved to become a sheep in wolf’s clothing. The typical fines or penalties exclusion in a modern RWI policy effectively acts to confirm coverage for fines or penalties unless a...
- On: October 15, 2025
- Posted In: RWI Practice Insights Series
When an insured is pursuing a representation and warranty insurance (“RWI”) claim, a critical consideration is whether diminution in value damages (“DIV Damages”) can be asserted as Loss covered by the RWI policy. This article, being published in four parts, discusses Delaware mergers and acquisitions...
- On: September 24, 2025
- Posted In: RWI Practice Insights Series
This is Part III of this article; it discusses the requirements for a DIV Damages award as part of an RWI claim. Part I of this article addressed (i) the principal differences between DIV Damages calculated using a multiple of EBITDA methodology (“MOE Methodology”) and...
- On: August 12, 2025
- Posted In: RWI Practice Insights Series
When an insured is pursuing a representation and warranty insurance (“RWI”) claim, a critical consideration is whether diminution in value damages (“DIV Damages”) can be asserted as Loss covered by the RWI policy.[1] This article, being published in four parts, discusses Delaware M&A damages law...
- On: July 21, 2025
- Posted In: Opportunity Zone
Introduction. We have written extensively over the past several years on the federal Opportunity Zones tax incentive program (the “OZ Program”) which allows taxpayers to defer, reduce, and eliminate capital gains taxes by timely investing capital gains proceeds into a Qualified Opportunity Fund (a “QOF”)...
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Great Expectations/Manifest Destiny: The Doctrines of Reasonable Expectations and Manifest Disregard in RWI Policy Claims
An attorney for an insured with a representations and warranties insurance (“RWI”) claim, particularly when facing a contradictory policy provision or rule of law, should
June 22, 2026
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2025 Highlights at a Glance
TABLE OF CONTENTS Corporate Group Mergers and Acquisitions Equity & Growth Capital Banking & Debt Finance General Corporate Litigation Group Real Estate Group M&A to
February 11, 2026
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Extreme Prejudice: Refuting Insurer Prejudice for Purposes of Insured Covenant Noncompliance in RWI Policies
A modern representation and warranty insurance (“RWI”) policy contains a number of ongoing covenants and obligations of the insured with respect to the making and
January 20, 2026
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