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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.
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