News & Analysis as of

Due Diligence Documentation

Harris Beach PLLC

“And That’s Where Things Got Weird:” Pondering Using AI to Interpret Legal Documents

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In an otherwise unassuming case relating to an insurance company’s obligation to cover an insured, Judge Kevin C. Newsom of the Eleventh Circuit engaged in a fascinating discussion of the merits of using of large language...more

Kohrman Jackson & Krantz LLP

Revolutionizing M&A Due Diligence: How AI Tools Enhance Efficiency and Accuracy

In the realm of mergers and acquisitions (M&A), due diligence is a critical phase where a buyer’s acquisition team assesses potential risks and opportunities before finalizing the terms of an agreement to purchase its target...more

Lippes Mathias LLP

Navigating Private Lending: Best Practices for Success

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In times of economic uncertainty, lending is not exclusively within the realm of banks. Non-financial institutions, such as corporate entities, pension funds, insurance companies, and even high-net-worth individuals, play a...more

Array

This Week in eDiscovery: Impact of Recent Hyperlinked Attachment Decisions; Why eDiscovery Certification Matters

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of June 3-9. Here’s what’s...more

Levenfeld Pearlstein, LLC

Should We ‘Second’ That? A ‘Top Ten’ Due Diligence Checklist for the Litigation Finance Secondaries Market

Given the recent growth of the secondaries market in the litigation finance space, Secondary Investors should consider how to best approach their review of potential transactions. In addition to the economics of a given...more

Crunched Credit

In Defense of Closings Human-ware Style:  Fixing Our Growing Lord of the Flies Problem

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We used to do many negotiations and virtually all closings in person, not much choice really. The process might start with an exchange of draft documents, closing checklist, etc., While initial negotiations and the exchange...more

StoneTurn

Operationalizing the N.Y. Department of Financial Services Character and Fitness Guidance

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At the start of 2024, the New York State Department of Financial Services (“DFS”) issued an industry letter: Guidance on Assessment of the Character and Fitness of Directors, Senior Officers, and Managers (the “Guidance”),...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

Key Facts of Real Estate Acquisitions Under Australian Law - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens ...more

Foley & Lardner LLP

Have You Checked Your Purchase Order? Do You Know Who Your Counterparty Is?

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Do you know who your counterparty is? Most of you reading this article will respond – of course, I do. At the start of the business relationship, accounting performed its due diligence, checking for any red flags to...more

Reveal

How to Conduct Compliance Risk Assessment Efficiently (+Compliance Risk Assessment Template)

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Is your business in compliance with every law, rule, and regulation that it should be? If you can’t confidently say yes, it’s time for a compliance risk assessment. And even if you could confidently say yes six months ago,...more

King & Spalding

Germany Becomes the Latest Country to Adopt Mandatory Human Rights Due Diligence Legislation

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The German Supply Chain Due Diligence Act: what does it mean for companies with a presence in Germany or doing business with German customers? On 1 January 2023, the German Supply Chain Due Diligence Act (“Gesetz über die...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more

Society of Corporate Compliance and Ethics...

Ashley Coselli and Daniel Wendt on Difficult Anti-Corruption Due Diligence Projects

Third party anti-corruption due diligence didn’t stop during the pandemic, but it was different. And, as the world begins to, hopefully, emerge from the pandemic Ashley Coselli, Senior Ethics and Compliance Counsel, Total...more

UB Greensfelder LLP

SEC Settlement Proves That When CCOs Spot A Problem, Silence Is Not Golden

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A long time ago, long before there existed any whistleblower statutes, I had a client – a CCO of a broker-dealer – who discovered some pretty funky trading at his firm. As he tells the story, when he went to see his boss (who...more

International Lawyers Network

Buying and Selling Real Estate in Australia

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more

NAVEX

How Compliance Should Work With Business Operations: The First Line of Defense

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Compliance officers often struggle to develop the right working relationship between themselves and executives in the business operations — executives who, as best practices have told us for years, are supposed to “own the...more

Perkins Coie

Rare DOJ Opinion Offers Anti-Bribery Lessons for Transactions Involving Foreign Government-Owned Assets

Perkins Coie on

The U.S. Department of Justice (DOJ) has issued an opinion letter (catalogued as FCPA Opinion No. 20-01) stating that it does not intend to take enforcement action under the Foreign Corrupt Practices Act (FCPA) against a...more

Perkins Coie

PIPE Transactions: Key Considerations for Issuers and Investors

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During uncertain times, public companies may find themselves in need of additional capital, but a traditional follow-on underwritten public offering may be out of reach or considered too risky. Alternative ways to access the...more

Shutts & Bowen LLP

8 Steps to Prepare a Commercial Property for Sale Amid COVID-19

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As commercial real estate deal flow has significantly decreased due to the novel coronavirus/COVID-19, there is no better time than the present for sellers of commercial real estate to plan in advance for the successful sale...more

Williams Mullen

[Event] Best Practices for an Efficient Investment or Sale Transaction - October 31st, Virginia Beach, VA

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A five-part seminar series that will provide Hampton Roads businesses with ideas on how they can be more profitable and reduce risk in 2020. This session will explore how companies can prepare for an investment or sale...more

Shutts & Bowen LLP

Effective Documentation Techniques for Construction Project Participants

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WHY DO WE NEED TO DOCUMENT PROJECTS IN THE FIRST PLACE? Project documentation can help avoid claims or litigation altogether. Good and timely communication can mitigate or eliminate surprises between parties. A clear...more

Thomas Fox - Compliance Evangelist

Hallmark 7-Third-Party Due Diligence and Payments

There are five steps in the life cycle of third party management. - Business Justification and Business Sponsor; - Questionnaire to Third Party; - Due Diligence on Third Party; - Compliance...more

The Volkov Law Group

The Only Thing You Have to Fear . . . Is No Documentation

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Compliance is a profession that requires multi-tasking – another profound grasp of the obvious. But in the multi-tasking world, some principles and strategies are more important than others. My colleague and...more

Morrison & Foerster LLP

European M+A News, Summer 2015

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

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