Litigation Buyout Insurance:
Helping Keep Companies 'Deal Ready'
As the country rebounds from the COVID-19 pandemic, M&A activity is poised for a strong comeback as well. To remain “deal ready,” dealmakers need tools in their arsenal to combat transaction-derailing risks as early as possible.
One such tool is litigation buyout insurance (LBO Insurance), which is designed to offset litigation-related risk and limit liability faced by a company once a deal has been consummated.
LBO insurance essentially serves to ring-fence litigation by transferring the risk to an insurer, thereby ensuring the deal will close. LBO Insurance policies are customized to address the particular and unique legal issues facing a specific company, with the ability to cover threatened, pending, or ongoing litigation.
Nathaniel Kritzer, Esq , Steptoe & Johnson LLP, Partner
Jay has litigated a broad cross-section of commercial cases around the country, including matters relating to the Real Estate Settlement Procedures Act (RESPA) and other federal and state consumer financial services laws, as well as cases involving antitrust, unfair competition, deceptive trade practice, trade secrets, environmental, business tort, securities fraud, and products liability issues. Many of Jay’s cases involve the defense of class actions or other high stakes matters as well as proceedings before administrative agencies like the Consumer Financial Protection Bureau (CFPB) or Federal Trade Commission (FTC).
Ross Weiner, Risk Settlements, Legal Director
Ross Weiner is the Legal Director at Risk Settlements, where he helps evaluate new business, assess legal and financial risk, and create optimal settlement designs and risk transfer options. Prior to joining Risk Settlements, Ross spent 9 years as a litigator at Kirkland & Ellis LLP, where he focused on, among other things, class action disputes. During that time, Ross came to understand the importance of providing clients with creative approaches to settling disputes. At Risk Settlements, Ross is able to provide companies with these insights. Ross graduated summa cum laude from Colgate University in 2004, and in 2009 he received his J.D. from The George Washington University Law School, where he graduated Order of the Coif and was a member of The George Washington Law Review. Ross was a New York Super Lawyers Rising Star for the years 2015 through 2018.