A due diligence project involves investigating the material facts and asking the right questions and can be an extremely complex process. Performing due diligence forms the basis for some of the strongest areas of negotiation on a deal.
Several situations exist in which our firm is called upon to perform due diligence on a company or a specific project. At Luzzatto and Luzzatto, our due diligence expertise includes professional searches and investigations, and spans a range of industries — combining deep technical knowledge and many years of litigation experience. Our firm provides a comprehensive overview of all applicable IP assets and their pertinence to a wide variety of strategic issues, determining the scope of protection and potential value of an IP portfolio acquisitions, helping to avoid infringement issues with planned products and brand developments, determining applicability of a client’s portfolio to products of different companies, and identifying the assets that may be best licensed.
We also help to determine which IP assets can be asserted against litigation targets, and which competitive IP assets can be used against our clients. We identify existing IP assets that may impede or improve a client’s ability to enter markets, introduce new products or technologies. When our clients want to acquire another company, we identify the IP risks involved.
The result of the due diligence process must be to point out the strengths and the weaknesses of the subject that is being examined, as well as steps that should be taken to address those issues. The process requires the patent attorneys to be equipped with a thorough understanding of the subject matter, and our firm typically employs ad hoc teams that bring all the required knowledge and expertise to the table.
Additionally, in many cases due diligence processes require a detailed analysis of legal documents, correspondence, and information extraneous to the company. In those cases, we supplement the technical team with the legal expertise provided by the Group’s law firm.
