Due diligence, often guided by lawyers, is essential to the success of major business transactions and poorly planned or conducted diligence contributes substantially to a failed transaction. Diligence helps confirm essential assumptions about the value of a transaction and limit known and unknown liabilities. Diligence can also uncover the faulty assumptions and problem areas that can easily undermine a deal. There’s also a subtle relationship between the content of diligence and the time allowed to conduct it. In certain deals, sellers have the upper hand and limit diligence, making the process about time allocation and risk management. This program will provide you with a practical guide to planning the diligence process, understanding the most areas of inquiry depending on the type of transaction, and review checklists.
Handout Materials will be emailed to you prior to the seminar
1.0 MCLE Credit Hours
• What to diligence, utilizing experts, and managing the process and time
• Checklists – what information do you need to get, from whom, and on what timeline?
• Hard assets v. soft assets – how to diligence the validity and title to each
• Contracts with suppliers and customers – ensuring stability and visibility of revenue
• Financial records and statements – what should attorneys look for?
• Legal structure of an acquisition target – validity and authorization
C. Ben Huber, Greenburg Traurig, LLP – Denver