M & A Due Diligence

The trust we develop during insurance recovery efforts frequently leads to being hired for strategic projects.

We have been retained to advise corporations on due diligence projects related to the possible purchase and sale of companies with environmental and mass tort liabilities, such as asbestos, as well as other material risks, such as E & O and other financial and professional services liabilities. We have the experience and ability to understand and underwrite the target company’s potential liabilities, as well as to assess the nature and extent of the target company’s historical insurance assets that may cover those liabilities.

We have both green-lighted and recommended against potential acquisitions for major corporate clients. We have been entrusted with “go / no go” powers by a large publicly traded company on important strategic purchases. In one matter we identified certain issues that prompted our client to pass on the acquisition, despite the fact it was a perfect strategic fit. The target was acquired by a competitor, and the risk factor we identified emerged. The competitor has been attempting to dispose of the asset without success.

We have advised many companies seeking counsel with respect to options available to them in regards to reorganization of their corporate structure and its impact on their long-tail and other liabilities, as well our clients’ ability to access their historical insurance. Given our clients’ prominence and the sensitive nature of the issues on which we provide counsel, we strive to be discrete and keep our efforts low-profile.

Accomplishments


“While at (former client), I had the opportunity to work with Steve on several mass tort management projects. Services included: acquisition due diligence (including valuation impact models), strategic utilization of insurance assets, defense counsel service strategy and claim presentation / recovery processes.”

Scott Towne, Director of Risk Management, Liberty Diversified, International