We are often approached by small businesses that are seeking capital in connection with strategic and operational advice. For anyone corresponding with us, or frankly for anyone starting to get a handle on an existing business, here’s a short due diligence request list. This list would also serve a new director well to become acquainted…
Read MoreThis article from the 2001 Nobel laureate in economics is a concise and cogent description of the courses of action re: the bailout. We’re pleased to see that someone is talking about the need for quality due diligence and the potential risks of shoddy or slight investigations into value. We have pushed this message with…
Read MoreWe generally subscribe to the theory that commercial contracts are about allocation of risk in a transaction. Dealbook today writes about a clause in the Merrill Lynch / Bank of America merger agreement. Here’s the clause: “(c) No investigation by a party hereto or its representatives shall affect the representations and warranties of the other…
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