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R&W Claims and Submissions: What We Can Learn About M&A Through an Analysis and Review of R&W Buying Trends and Claims Activity

Speaker(s): Jackson Bender, Jay Rittberg, Joseph Ehrlich, Joseph G Finnerty III
Recorded on: Jun. 3, 2021
PLI Program #: 325579

Joe Ehrlich serves as Beecher Carlson’s National Practice Leader for Private Equity, Family Office, and M&A. Joe has experience identifying, structuring, and providing insurance products and solutions for private equity firms, family offices, and other individual and strategic investors. He is a frequent presenter on M&A / Transactional Insurance and other related topics at conferences and for various professional groups, law firms, and other organizations and groups.

Joe graduated Columbia University and received his Juris Doctor degree from New York University’s School of Law. He serves on his college’s Board of Visitors and Chair of Columbia University’s Benefits Committee. Joe is a member of the Columbia Alumni Association’s (CAA) Strategic Planning Committee and serves several other CAA committees. He is a member of the Board of Trustees for the Saint Anthony Hall of New York, the Saint Anthony Hall Foundation, and the Board of Directors of the Columbia University Club of New York. Joe is also a board member and former president of the NYU Law Alumni Association.

Joseph G. Finnerty III is a litigation partner who served as Chairman of the firm's New York Litigation Practice Group for eight years and Vice Chairman of the firm's US Litigation Practice Group for seven.

Joe concentrates his commercial litigation practice in business litigation, with a concentration in counselling and dispute resolution for leading insurance companies worldwide. Joe has been focused most recently upon representing M&A transaction liability insurers in disputes arising under representations and warranties insurance and litigation risk insurance, including managing, quantifying and resolving pre-dispute insurance claims for alleged losses arising out of M&A transactions. Joe also regularly litigates non-insurance M&A, fiduciary duty, fraud and securities law claims for public and private companies and their management.

Joe has also successfully represented an array of liability insurers in claims seeking insurance to cover disgorgement and restitution remedies, including obtaining a final judgment for the largest insurer of investment banks in litigation claims seeking coverage for more than US$300 million in SEC disgorgement and penalty orders.

Joe also led the successful defense of one of the world's largest insurance brokers in a consolidated class action MDL proceeding alleging the unlawful sale of cell phone replacement insurance and seeking the disgorgement of insurance premiums in excess of US$500 million. He also led the successful defense and dismissal of two separate Alien Tort Claims Act class actions against Sheikh Mohammed bin Rashid Al Maktoum, the Ruler of Dubai.

More broadly, Joe's insurance practice includes litigation, investigations and counselling in connection with the full range of potential disputed questions under private equity management liability insurance, directors and officers liability insurance, alternative risk transfer products, captive insurance programs, professional liability insurance, business interruption insurance, manuscript new product coverages and, of course, transaction liability insurance (including representations and warranties, litigation risk and tax opinion insurance). Joe has represented the industry's leading liability insurance businesses, including Berkshire Hathaway, AIG, Munich Re, Chubb, Ironshore, Euclid, Zurich, St. Paul Travelers, CNA, AXIS, The Hartford and Beazley, as well as an array of Lloyd's syndicates and London underwriters, among many others.

Joe is committed on behalf of corporations and their managers to forming thoughtful, effective and lasting responses to the fluctuating liability exposure landscape. He is equally committed to DLA Piper's success in building a national and international law firm that provides the premium service and experience demanded by the most discriminating corporate executives.

Jackson serves as Beecher Carlson’s Co-National Practice Leader for Private Equity, Family Office, and M&A. In this role, he leads a national team dedicated to the design, implementation, and management of large commercial risk mitigation and retention strategies related to corporate and financial acquirors and their portfolio company businesses. He provides transactional risk support and negotiation, property, casualty, executive risk, and employee benefit due-diligence and post-close corporate insurance placement and consultation.

Prior to joining Beecher Carlson, Jackson was a partner of a large privately held insurance brokerage firm where he helped lead the company’s broad expansion from inception to a regional firm. Additionally, Jackson founded and led the firm’s Private Equity and M&A practice, building it to the largest industry group within the organization.

Jackson is a graduate of the University of Georgia. He serves on the board of directors for the Atlanta Association for Corporate Growth, as Chairman for The Atlanta Charity Clays, and is a board member of The Piedmont Driving Club. Jackson is a frequent speaker on the evolving concepts of transactional and private equity related risks.

Jay Rittberg is the Managing Principal of Euclid Transactional. Previously, Jay was the Senior Vice President and Americas M&A Manager at a leading international insurance company. In this role, Jay was responsible for managing the development, underwriting and marketing of transactional insurance products in the US, Canada and Latin America. Prior to that position, Jay was an attorney at Schulte Roth & Zabel LLP, where he advised clients on a wide range of corporate matters, including corporate finance and mergers and acquisitions. Jay holds a B.S. from Cornell University and a J.D. from the University of Pennsylvania Law School.