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Litigation Buyout Insurance: Helping Keep Companies ‘Deal Ready’



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Description: 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.
 
Nathaniel Kritzer - Recognized by the Legal 500 as a "seasoned trial attorney," Nate Kritzer has a long track record of winning favorable results for his clients. Nate has successfully tried multiple cases as a first-chair trial counsel and has argued and won appeals in numerous courts including the United States Court of Appeals for the Second Circuit, the United States District Court for the Southern District of New York, and New York State's Supreme Court, Appellate Division. Key areas of Nate's practice include securities and shareholder litigation, trade secrets litigation, bankruptcy litigation, and class action defense.
 
Nate has successfully represented clients ranging from blue-chip, household-name corporations, to major financial institutions and private funds, to startup companies and individual investors. In addition to his broad experience in other areas, Nate has extensive experience representing clients in cross-border enforcement and litigation matters. Recent highlights from Nate's lengthy list of client victories include the following results in 2018-2020 alone:
 
  • Won a final arbitration award exceeding $14 million for an investor against the co-founder of a collapsed financial firm. Within weeks of obtaining the award, obtained liens against real property held by shell entities in an ex parte proceeding to secure enforcement of the award.
  • Won a decision dismissing all claims against former officers of a major, public sporting goods company in litigation against a bankruptcy trustee purporting to assert claims for breach of fiduciary duty. The decision came after the trustee had been allowed to take extensive pre-suit discovery.
  • Served as first-chair trial counsel to a publicly traded technology company and two of its senior executives in a weeklong arbitration defending claims for securities fraud and breach of fiduciary duty brought in connection with a significant acquisition. The case settled after the hearing with no admission of liability and no payment made by Steptoe's clients.
  • Won a groundbreaking ruling dismissing overseas directors and officers of Israel's largest telecom from a securities action, based on lack of personal jurisdiction.
  • Won a significant victory defeating class certification (with prejudice) in a case against blue-chip personal care company, affirmed on appeal.
  • Won a motion to dismiss all claims against a US-listed, Australia- and London-based Fortune Global 500 mining company in a putative securities class action.
  • Won an appellate ruling reversing a trial-court order and dismissing trade secret (and related) claims asserted against Canada's largest independently owned commercial real estate firm.
  • Won a motion to dismiss all claims against one of the United States' largest poultry producers in a putative securities class action lawsuit.
  • Won summary judgment against a certified class of claimants suing the nation's largest return-of-information provider.
  • Won a seven-figure damages award on summary judgment on behalf of an investor in a startup company in the renewable energy sector.
  • Won a motion to dismiss a securities class action lawsuit against Israeli directors and officers of a liquidating technology firm for failure to state a claim.
  • Secured closure of an SEC investigation of officers of a foreign-incorporated, US-listed company, with no charges filed against clients.
 
Ross Weiner is the Legal Director at Risk Settlements, where he helps evaluate new business, assess legal and financial risk, and create optimal settlement designs and risk transfer options.
 
Prior to joining Risk Settlements, Ross spent 9 years as a litigator at Kirkland & Ellis LLP, where he focused on, among other things, class action disputes. During that time, Ross came to understand the importance of providing clients with creative approaches to settling disputes. At Risk Settlements, Ross is able to provide companies with these insights.
 
Ross graduated summa cum laude from Colgate University in 2004, and in 2009 he received his J.D. from The George Washington University Law School, where he graduated Order of the Coif and was a member of The George Washington Law Review. Ross was a New York Super Lawyers Rising Star for the years 2015 through 2018.
 

 
 



Practice Areas: Litigation & Appeals
Online Media Type: Audio
Production Date: 07/07/2021
Level: Intermediate
Category: Standard
Duration: 1 Hours, 1 Minutes
Online Format: On Demand

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Accreditation:
AK, AL, AR, AZ, CA, CEU, CO, CT, DE, FL, GA, GU, HI, IL-EXPER, IL-NEWADMIT, IN, MO, MS, MT, NC, ND, NH, NJ, NM, NV, NY-EXPER, NY-TRANS, OK, ON, PA, PR, QC, RI, TN, UK-BSB, UK-SRA, UT, VI, VT, WI, WV
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Total Credits: 1
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Status: Reciprocal Credit Available
Expiration: 07/06/2024
Training Type: Online

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Speakers:
Nathaniel Kritzer, Esq - Steptoe & Johnson LLP
Ross Weiner, Esq - Risk Settlements
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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