Lateral Partner Due Diligence: Where Should A Firm Begin?

Law360, New York (June 13, 2017, 12:21 AM EDT) -- Diligence is a fact of life that cannot (and certainly should not) be avoided. In an M&A transaction, the parties understand that a certain degree of diligence will be requested of both parties. In some cases, a good part of the diligence may be front loaded so that the parties are on a more level playing field when they negotiate terms. In other cases, particularly when competitors are involved, both parties might prefer to delay as much of the diligence as they can (at least as to the most sensitive data) until many of the significant contingencies have been dealt with....

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