EPISODE · Jan 7, 2026 · 42 MIN
The Devil is The Detail: R&W As Risk Allocation Tools in M&A
from Clause & Effect · host Emma Legal
Representations, warranties, and indemnities decide who pays when the story breaks. In cross-border M&A the underlying jurisdiction is always in the background, shaping how that risk allocation actually works. Matthias De Buck (CapstoneLaw) explains the traps, the “standard” clauses with teeth, and why due diligence only counts when it changes the drafting.
What this episode covers
Representations, warranties, and indemnities decide who pays when the story breaks. In cross-border M&A the underlying jurisdiction is always in the background, shaping how that risk allocation actually works. Matthias De Buck (CapstoneLaw) explains the traps, the “standard” clauses with teeth, and why due diligence only counts when it changes the drafting.
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The Devil is The Detail: R&W As Risk Allocation Tools in M&A
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