Key Representations and Warranties in Tech M&A: Critical Safeguards for Deal Success

In acquisitions and other transactions, representations and warranties (R&Ws) serve as the critical foundation for confirming due diligence efforts and allocating risk between the parties. These contractual assurances cover essential aspects of the target company’s assets and operations—particularly the intangibles like software, data, and IP rights that typically constitute the business case for tech deals—and offer recourse if the reality falls short of what was promised….
By: Mayer Brown