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INSIGHTS


The Importance of Expert Witness Selection and Questions to Ask That Reveal Whether an Expert Can Perform
The difference between winning and losing a case depends largely on the strength of your expert witness. If you are the plaintiff in a lawsuit, you need to retain an expert who has the expertise, knowledge and experience to convince a jury that your arguments on liability and damages are well-founded and persuasive. Your expert must have knowledge of the facts, law, and industry custom and practice to prepare an expert report, withstand deposition and cross examination, and t

Mike Mitrovic
4 days ago3 min read


How Private Equity Funds Can Use Contingent Liability Insurance to Offload Legal and Regulatory Hurdles in M&A Deals
One of the lessons I learned working with private equity and transactional insurance is that a known liability does not necessarily have to kill a transaction or even permanently depress a company’s valuation. A company or asset may have a significant underinsured or uninsured liability—litigation, environmental exposure, a toxic tort claim, or another contingent risk—that neither the buyer nor the seller wants to retain. The buyer may respond by substantially discounting the

Mike Mitrovic
Aug 242 min read


Contingent Liability Insurance: Turning Deal-Breaking Risk Into a Transactional Solution
In the late ’80s and early ’90s, I had the opportunity to develop yet another transactional insurance product in addition to representations and warranties insurance. That product was contingent liability insurance—a solution for underinsured or uninsured liabilities that were preventing the sale or purchase of companies or assets and, in some instances, inhibiting market capitalization growth and share appreciation. Typically, in these transactions, I would incorporate non-d

Mike Mitrovic
Aug 92 min read
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