Foley & Lardner LLP partners Louis Lehot and Eric Chow authored the Westlaw article, “Due diligence vs. protections and remedies for buyers in acquisitions,” providing an overview of hidden issues sometimes discovered during the due diligence stage of the acquisition process.
The authors explore the structure of a transaction, insurance, indemnification, negotiation of remedies, escrow, and holdback, and the importance of continued due diligence even after a transaction is completed.
“It is essential to consider and address these kinds of protections upfront and know your options should you find yourself facing a surprise when the deal is done,” they conclude.