Due diligence. Assess risks. Move forward with confidence.
In fast-moving, high-pressure mergers, acquisitions, partnering, and investment transactions, obtaining an accurate and comprehensive intellectual property evaluation is critical. The possible outcome of pending or potential litigation, the assignability of a company’s IP agreements, and the scope and ownership of IP rights are just some of the issues to consider.
Our deep understanding of varied technologies and mastery of IP law allow us to help companies react quickly to any issue that emerges during an IP transaction, to provide thoughtful and accurate answers to investors’ questions, and to craft contract terms that properly allocate risks. We deliver highly targeted and sophisticated analyses of the IP assets at issue that can help drive an equitable deal.
We have conducted successful due diligence on matters as complex as the Exxon–Mobil merger, and as focused as an analysis of in-license agreements of an innovative biotech start-up that was being considered for later-round funding. Our size, technical background, and experience allow us to assemble and mobilize a well matched team that quickly identifies key issues, proposes options for mitigating risks, and outlines a strategy for strengthening our client’s bargaining position. Ideally, due diligence investigations are conducted at the onset of negotiations, allowing time for a reasoned analysis of the value of the IP portfolio and time for corrective action to address issues that may influence the deal.