#MeToo Makes its Mark in M&A Deals

The #MeToo movement is changing how M&A deals are written. Statements designed to protect deal parties from liability for C-suite sexual harassment are showing up in mergers and acquisitions of every size and across many sectors of the market. This type of statement is known as a “#MeToo rep” or “Weinstein clause” and, according to Bloomberg Law legal analyst Grace Burnett, it is a “provision going viral.” In this episode, Burnett discusses the emergence of #MeToo Reps (short for “representations and warranties”) in M&A deals, shares what she found when she analyzed publicly available M&A agreements, and describes the specific elements that are becoming market standard in the wake of #MeToo.