FVC2209. Post-acquisition Clean-up: Reps & Warranty Claims to Fraud Litigation

With the proliferation in M&A activity, it is critical that forensic accountants have an understanding of deal-specific representations and warranties, and how those concepts work in practice. Attendees will develop an understanding of how forensic accountants can assist buyers, sellers, and insurers navigate the considerations and practicalities of working through breaches of representations and warranties. This session will explore the conceptual framework of representations and warranties, emphasize the most common financial and accounting areas of concern, discuss the impact of representation and warranty insurance products, and identify additional actions (e.g., fraud claims) that often accompany an R&W claim.

Learning Objectives:

• Identify what representations and warranties (R&W) are in the context of a merger or acquisition
• Analyze the function of R&W Insurance (RWI) and what it does and does not do
• Determine how forensic accountants can assist insured (i.e., buyer) or insurer in RWI claims and beyond into litigation
• Identify and discuss the most common financial and accounting related representations and warranties