FC&S Legal has published "Representations & Warranties Insurance and Privilege" in its Eye on the Experts column.

Representations and warranties ("R&W") insurance continues to cement itself as a viable alternative to traditional indemnification in many corporate mergers and acquisitions. Providing attorney-client privileged information to an R&W insurer can raise unique privilege issues. This Eye on the Experts article covers why that is, the law related to whether disclosing privileged information to an insurance company waives the privilege, and addresses possible ways to deal with that possibility when purchasing an R&W policy and at the claims stage.