Evaluating Integration of the Compliance Function in Pre-Acquisition Due Diligence


In an article in the most recent issue of the Houston Business Journal, entitled “Putting a partner though too many changes increases risk”, columnist Connie Barnaba discusses one of the risks often overlooked in a mergers and acquisitions (M&A) transactions. It is the risk inherent with the integration of the purchased entity. Barnaba identifies two types of risks characteristic with strategic deals. The first is the “buy decision” and the second is the aforementioned integration aspect. She phrases it as “Most companies attempting those types of deals tend to move forward with the deal without an examination of the unknown conditions that could adversely affect post-deal integration.” I would take this a step further and say that most company’s focus on this risk is not limited to strategic deals but with all M&A transactions. Her column gave me pause to consider such matters in a compliance context.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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