James Sherer, Kevin Wallace Co-Author Article on Additional New Technology Due Diligence Procedures for Richmond Journal of Law & Technology

Articles / March 8, 2016

Counsel James Sherer and Associate Kevin Wallace are among the co-authors of an article published in the Richmond Journal of Law & Technology, Volume XXII, Issue 2, in February 2016. The article, titled “Merger and Acquisition Due Diligence Part II—The Devil in the Details,” examines the current practices of various counselors and third-party service providers within evolving due diligence practices. The article specifically addresses how attorneys and service providers may incorporate new technologies—and considerations of new technologies—into the traditional deal framework, stating that:

There is room—and a need—for multiple areas of expertise in the Deal context, and Deal work is often tailored according to the specific needs of the transaction. Attorneys should provide legal advice on issues and risks that will impact the value of a Deal, not just in the traditional areas of inquiry but also addressing DP, IS and e-Discovery—and service providers have developed the technology and strategies in other contexts to provide counsel with the information they need in these non-traditional areas to value the Deal in a cost effective and efficient manner.

Utilizing and relaying the results from a novel survey of third-party service providers, the article then discusses what services are currently supplied in this emerging area. Finally, the article concludes that there is still room for both additional thought leadership as well as service-provider services, and gives some thoughts on how this practice may advance in the future.

Read the full article.


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