Scott E. Pueschel, Pierce Atwood, Portsmouth

Specializing in Mergers and Acquisitions Law



We’ve selected six Lawyers of the Year for portraits and to share trends in their legal specialties and a quotation that has inspired them in their work.

Notable trend: I find the growing popularity of the use of representations and warranties insurance in mergers and acquisitions transactions fascinating. I remember when I first saw the product perhaps 20 years ago — it was so expensive and had so many exclusions as to be almost useless. But in the last several years it has been reinvented, and has become a very cost-effective and user-friendly tool to help transaction parties manage deal risk. This insurance does, however, introduce an unusual dynamic into the negotiation of representations and warranties and indemnification provisions between parties in a deal where it will be used. I often wonder if its use may someday result in the radical reduction or elimination of such provisions in mergers and acquisition agreements between the parties, with the parties instead negotiating such matters with the insurer. I’m very interested to see how deal dynamics continue to evolve in response to this product.

“This is the lesson: never give in, never give in, never, never, never, never — in nothing, great or small, large or petty — never give in except to convictions of honor and good sense.”
— Winston Churchill

Pierce Atwood's New Hampshire office:

Portsmouth
1 New Hampshire Ave #350
Portsmouth, NH 03801

(603) 433-6300

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