Jenner & Block

“Private vs. Public D&O Coverage in M&A,” Willis Towers Watson D&O Observer

In this article, Jenner & Block Partner Matthew L. Jacobs examines differences in director and officer (D&O) liability insurance between private and public companies. Mr. Jacobs explains that differences in public and private D&O coverage are most evident in the context of mergers and acquisitions.  He then highlights key dissimilarities in D&O policies by exploring common claim scenarios that result from “the typical” M&A transaction.  “Before embarking on any M&A transaction, it is essential to not only ascertain the availability and amount of D&O cover, but also understand the specific type of insurance involved, take advantage of opportunities to right-size coverage and avoid potential pitfalls,” Mr. Jacobs observes.