Transactional Risk

Expert commercial and regulatory advice.


Managing transactional risks

The McCabes team manages risks that arise in connection with transactional risk, such as a merger and acquisition for both buyers and sellers against financial loss for breach of representations and warranties, tax indemnity and contingent liability. We manage claims involving financial loss, breaches, escrows, purchase price holdbacks, unsecured indemnity, purchase agreement disputes, indemnity obligations, tax liabilities, litigation exposures, environmental exposures, intellectual property infringement claims, employment matters and disputes and exposures relating to accounts.

Working together with our Commercial team, our specialists advise insurers on underwriting, due diligence, coverage and claims issues in a merger and acquisition context. We work collaboratively to protect our clients from risks that arise in connection with the underlying transaction.


  • Breaches of representations and warranties
  • Solvency risk
  • Unsecured indemnity
  • Indemnity caps and survival limitations
  • Miscalculations in financials
  • Product warranties
  • Obsolete inventory
  • Tax exposure
  • Contingent tax liability
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