Market Trends 2020/2021: COVID-19 Representations and Warranties

Summary

This practice note describes the 2020 and 2021 market trends in acquisition agreement representations and warranties related to the COVID-19 pandemic. The M&A market responded quickly to cover potential and unknown liabilities related to the COVID-19 pandemic, governmental authority mandates, and the measures implemented by transaction parties in response to the pandemic. This practice note includes examples of representations and warranties that are focused on COVID-19-related liabilities.