Tag archives: diligence

New cybersecurity requirements for DFS-regulated entities

New cybersecurity requirements for Department of Financial Services (DFS)-regulated entities took effect on March 1, 2017. The New York DFS created these requirements in response to recent or potential threats to sensitive electronic information, particularly financial information and private consumer information. EY’s report provides an overview of the new framework with implications for the affected entities. … Continue reading

Content management in M&A

MergerMarket recently published a study on content management throughout the M&A process (the Report), interviewing several business executives who shared their thoughts on the key role of content management in the timing and closing of M&A transactions. The Report highlights the biggest challenges in managing M&A transactions, as well as risks associated with improper content … Continue reading

Capturing value in M&A

This year has seen a resurgence in deal–making activity around the world. This resurgence is being fueled by cheap debt, increased boardroom confidence and the return of growth after the 2008 financial crisis. With this growth in activity comes increased pressure to ensure that the deals completed generate the maximum value as competition and pricing … Continue reading

Potential pitfalls for sellers in M&A transactions

In private M&A transactions, many complex issues can arise. Keeping track of the various issues that need to be addressed is often onerous, leading to mistakes that may disadvantage a seller during the transaction, or even prevent the deal from closing. We’ve compiled few of those potential pitfalls below. Failing to retain the proper professionals A successful … Continue reading

Acquisitions in an insolvency context: mandatory assignment of contracts

Most due diligence processes in a business acquisition context require a review of material contracts and, in particular, a review of any restrictions on assignment of those contracts. When a business enters into a long term commercial contract with a customer, the identity of that particular counterparty may influence the terms of the contract. A … Continue reading
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