ANALYSIS: #MeToo Reps Becoming M&A Market Standard

It’s no longer a secret: c-suite sexual harassment can bring down a business. In fact, M&A lawyers have already devised contractual safeguards against this risk and, in relatively short order, the so-called “#MeToo” deal provisions show broad consensus.

A #MeToo sexual harassment representation and warranty (“rep” in deal jargon) started to appear in publicly filed M&A contracts last year, and we are now seeing it in every market segment including mega deals.

My prediction is that, like the #MeToo movement itself, the rep is here to stay and is on its way to becoming a market standard.

What is a ...