Allocating Risk in Real Estate and Infrastructure Transactions: Traditional Indemnities and the Quickly Evolving Role of Reps and Warranties Insurance and Tax Insurance

Mr. de Boisblanc is a leader, expert and innovator in the transactional risk insurance industry. He brings a wealth of experience advising purchasers and sellers in M&A transactions and GP-led secondary transactions on representations and warranties insurance (RWI) and related insurance products. Mr. de Boisblanc’s prior experience includes holding a senior position on AIG’s M&A insurance team, where he personally underwrote more than 150 RWI policies and practicing law at Ropes & Gray, a leading global law firm, where he advised private equity clients with respect to the placement and negotiation of RWI policies.

Mr. Graham is a tax lawyer with 23 years of experience specializing in private equity and corporate tax/M&A. He began his career as a tax associate at Clifford Chance in New York then was in-house tax counsel for the private equity businesses at Merrill Lynch and Bank of America. Prior to that, Mr. Graham was an international tax partner at EY in their financial services organization and later was the US Tax Director at Antin Infrastructure Partners, a European-based private equity firm focused on the infrastructure space. He currently consults for private equity and infrastructure funds and assists with tax due diligence and structuring. Mr. Graham has worked extensively on infrastructure transactions, including with respect to acquisitions of renewables projects and target companies in the energy, environmental, telecommunications, and transportation and logistics sectors.

Mr. Nelson’s transactional practice focuses on representing corporate users of real estate in purchase and sale, leasing, construction, transactional due diligence, and ancillary real estate contract negotiations. He has deep experience in the acquisition, disposition, leasing and construction of office, industrial, GMP facilities, R&D facilities, and properties for the unique needs of clients in biotech, agtech, foodtech, electronics, robotics and autonomous vehicle development. Mr. Nelson has represented clients in numerous complex leasing and subleasing transactions and construction projects for millions of square feet of space, including multi-phased deliveries, sublease to direct lease roll overs, build-to-suit leases, and lease and sublease terminations and restructurings. He also has extensive experience in drafting and negotiating all types of ancillary agreements related to the transfer, use, construction, and ongoing operation and management of real property, including joint use agreements, transitional service agreements, easements, architect and construction agreements, listing agreements, and management agreements. He also uses his significant experience with corporate real estate to advise the firm's clients in due diligence investigations and negotiations ancillary to corporate mergers and acquisitions.