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Expert Analysis

Protection For Statements Made Outside M&A Agreements

Law360, New York (April 13, 2016, 12:03 PM EDT) -- A lot gets said by a lot of different people when selling a business. This is largely unavoidable in a full, negotiated sales process, as owners, management, investment bankers, employees, accountants, lawyers and others all convey information about the target company to the buyer or the buyer's representatives. When a seller has to rely on others to respond to due diligence inquiries, it is all but impossible to monitor and confirm every statement and calculation. This process has the potential to result in the dissemination of information that may be incomplete or unintentionally misleading or, in the worst-case scenario, intentionally false or misleading....

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