Issues involving due diligence, reliance and verification by issuers, underwriters, officers, directors, and financial services and other professional firms are often presented in securities offering, negotiated transaction and financial services litigation. Matters commonly in controversy include:
- reasonableness of the investigation
- reasonableness of reliance on experts and non-experts
- reasonableness of any internal and/or external verification of information
- current due diligence, cumulative due diligence and the “reservoir of knowledge”
- buy-side and/or sell-side due diligence in negotiated transactions
- joint venture or other counterparty due diligence
- professional services and subject matter expert due diligence, reliance and verification
- consistency of offering document disclosures and/or contract terms with due diligence findings and
- red flags
We have advised and testified in many high-profile cases regarding these and other issues in IPOs, shelf takedowns, asset-backed securities, private placements and other business transactions and have addressed these matters from a diverse range of perspectives in a variety of contexts.
For more information, contact us.