Due Diligence

News & Analysis as of

Surviving the AG Conversion Process: Tips for Nonprofit Hospitals

Any manager of a nonprofit health facility involved in a sale, merger or other affiliation knows that undergoing such complicated transactions can become a major distraction from the day-to-day task of running the facility. A...more

FinCEN Closer To Finalizing Customer Due Diligence Proposal

On July 14, the OMB’s Office of Information and Regulatory Affairs (OIRA) concluded its review of a long-awaited FinCEN proposal to establish customer due diligence requirements for financial institutions, sending the rule...more

Roitelman: Director Not Liable Where Employee Engages In Deceit

The Tax Court of Canada recently considered whether a director could establish a due diligence defence with respect to unremitted source deductions where the responsibility for remittance lay with an employee in Roitelman v....more

Georgia Supreme Court Affirms Business Judgment Rule

The Georgia Supreme Court has, for the first time, affirmed the existence of the business judgment rule in Georgia common law. More specifically, however, the state Supreme Court held that the business judgment rule does not...more

Mergers and Acquisitions Under the FCPA, Part III

Today I conclude my three-part series on mergers and acquisitions under the Foreign Corrupt Practices Act (FCPA) with a review of the post-acquisition phase. Previously many compliance practitioners had based decisions in...more

Why You Can’t Afford To Be Disorganized

Investors, buyers and underwriters all insist on doing pre-transaction diligence to ensure that you have copies of all of your key documents and to assess whether these documents contain any unusual provisions. ...more

SEC “Likes” Social Media for Investment Advisers

The SEC staff views social media as a useful tool that helps consumers conduct their own due diligence on investment advisers. In a recent Investment Management Guidance Update, the staff stated that, under certain...more

Mergers and Acquisitions Under the FCPA, Part II

Yesterday I began a three part series on mergers and acquisitions under the Foreign Corrupt Practices Act (FCPA). In Part I, I reviewed what you should accomplish in the pre-acquisition stage. Today I want to look at what you...more

Mainebiz Real Estate Insider – ABC 123: AAI, ESAs and VRAP – When to utilize DEP’s Voluntary Response Action Program

Last time around, we mentioned that if you are going to buy a commercial property, you should investigate the existing environmental conditions of that property. It is helpful to address both the costs and timing associated...more

Mainebiz Real Estate Insider – Risky Business? Due Diligence Hints for Bidding at a Foreclosure Auction

Know a property being foreclosed, or see the signs and advertisements for foreclosure actions? They are everywhere. It is important to do your homework before bidding. Bid confidently by doing some pre-auction investigation....more

Term Sheet Math — When Is Your 66 Percent Really 52 Percent?

When negotiating valuation for a financing, an investor may conduct detailed due diligence and present you with a term sheet that reflects multiples, discounts, comparables, and so forth. In the end, you are negotiating for...more

Anti-Bribery and Corruption Compliance Practices

Compliance Week published its 2014 Anti-Bribery and Corruption Benchmarking Report, a survey of over 180 executives involved in ethics and FCPA compliance and internal audit. The Survey focused on risk, dealing with third...more

In Due Diligence and World Cup Bids: Follow the Money

For those watching the 2104 World Cup, this year’s tournament has certainly been spectacular, from the US reaching the round of 16, the incredible goals scored by Robbie Van Persie and Tim Cahill, to yesterday’s heartbreak...more

12 Tips for an Effective Due Diligence Program for Third Parties

In an evolving global economy, expanding business opportunities often lead to more complex supply channels and business relationships that can increase corruption risks and burden efforts to comply with the applicable laws...more

How to Screw Up Vendor Management (and Live a More Exciting Life)

Are you bored? Is your bank running too smoothly? Do you miss those long, loud and involved conversations with your examiners, superiors or shareholders? If so, then screwing up vendor management may be right for you. Below...more

Galachiuk: TCC Clarifies Due Diligence Defence Under 163(1)

Subsection 163(1) of the Income Tax Act (the “Act”) imposes a penalty of 10% on an amount that a taxpayer fails to report in his/her return where there has been a previous failure to report income in any of the three...more

Global Private Equity Outlook

In this report: - Introduction - Overview - Deal Process - Portfolio Strategies - Cross-Border Dealmaking - Exits - Fundraising - Conclusion - Private Equity...more

Be Wary of Plan Providers with Gray Hats

One of my favorite genres is the Western. While I prefer the works of Sergio Leone and Clint Eastwood to those of John Ford and John Wayne, I have always been a big fan of these films. I always like the idea that the good...more

Critical Considerations in Healthcare Affiliations

The trend of affiliations between healthcare providers (we use the term “affiliation” to include all manner of transactions, including mergers, acquisitions, joint operating arrangements, etc.) continues at a rapid pace....more

Businesses Looking to Buy, Sell Must Prepare for Due Diligence

Are you ready? That’s what BB&K attorney Margaret Hosking asks in this week’s Best in Law column of business owners before they buy or sell. Your business survived the economic downturn, economists are projecting...more

EU Timber Regulations - How Robust Are Your Due Diligence Systems?

Whilst the European Timber Regulation dates back to 2010, it only took direct effect in Member States last year. Amongst other things, it requires operators to ensure they have due diligence systems in place to properly...more

Leave My Employees Alone! You Promised You Wouldn’t Hire/Solicit Them

With the antitrust class action against Google, Apple, Intel and other Silicon Valley heavyweights nearly in the books ($300 million plus in settlements and millions more in defense fees later), it is time once again to ask...more

10 Development Due Diligence Considerations

New development projects are on the rise again. Here is a quick checklist of 10 issues to consider before getting started on any development project...more

Analysis of Recent Trends in Warranty Insurance in Private Equity M&A Transactions

Although Warranty Insurance in M&A transactions was a novelty product five to ten years ago, Warranty Insurance has now become an industry standard in Europe, largely thanks to its wide use by private equity firms who have...more

What are the 3 most common mistakes made when acquiring a Chinese company?

chinesI am looking to buy a Chinese company. There is so much advice out there; so many checklists and warnings highlight the particular sensitivity of due diligence in China. What are the key areas that I should really...more

316 Results
|
View per page
Page: of 13