Mergers & Acquisitions Due Diligence
Before and during a merger or acquisition there are many reasons for companies to engage in research and analysis.
As you work through the complex process of blending the operations, finances, and marketing of two or more companies, let our team provide an independent, experienced perspective to uncover sources of potential litigation and to retain the relevant legacies of both companies.
HAI | Legal’s expansive knowledge of business history and its applications presents companies the opportunity to outsource whatever the need to our specialists, including identifying legacy liabilities, conducting corporate succession research, and post-merger record management, and corporate and brand heritage services.
Through decades of experience and thousands of projects, we, and our clients, have discovered just how valuable it is to address these elements as early as possible during the M&A process.
PRE-MERGER
Identify original ownership, acquisitions, mergers, property sales, and property ownership.
M&A clients rely on HAI | Legal to undertake corporate succession research in support of real estate and corporate transactions. We build a complete picture of the company’s past, including prior acquisitions, mergers, and divestitures.
Complex corporate transactions, encompassing stock or asset sales, and overseas acquisitions are no issue; HAI has a proven process of research and validation to make sure that all potential leads are followed to their full extent and that liabilities can be examined with confidence that no stone has been left unturned.
PRE-MERGER
Identification of adverse litigation, compliance and disclosures, and negative events in the company’s history. Conduct interviews with key former employees and vendors.
Within the merging or acquired companies, we can help identify historical environmental releases (HERs), potential legacy environmental liabilities, and asbestos litigation exposure. We also scrutinize corporate claims, such as climate and sustainability disclosures, as well as undertake audits of historical connections to the Atlantic Slave Trade and African Slavery, and a myriad array of other critical ESG risks. Our analytical knowledge and topical depth experience mean we can work within compressed M&A schedules, and field researchers throughout the United States and around the globe give us nearly unlimited access to primary and secondary source documentation.
HAI | Legal is adept at identifying and uncovering hidden liabilities. Legal liabilities can extend back decades and a trusted M&A due diligence partner is vital to ensure that any potential transactional risks are identified prior to the consolidation of companies or their assets. Our team of researchers—including a licensed private investigator—can discreetly identify legacy liabilities that may adversely impact your acquisition strategy.
HAI | Legal Mergers and Acquisitions Due Diligence services include:
- Corporate succession/corporate genealogy research
- Identification of legacy environmental liabilities, including Superfund exposure
- Identification of asbestos litigation exposure
- Identification and interview of former employees
- Slavery era disclosure and compliance research
PRE-MERGER
Identify and analyze company’s direct competition.
POST-MERGER
Create a project that celebrates uniting two corporate cultures.
Commemorative projects can help you attract customers, clients, and employees by leveraging the power of your history. Our clients have used history to build a brand identity that demonstrates excellence, values, and visions for the future. Branding your history will increase your public visibility, enhance your reputation, and inspire employees by showing the company's transformation and longevity over time.
HAI | Legal Branded History services include:
- Corporate book projects
- Smartphone applications
- Digital storytelling, exhibits and experiences
- Blogs and other external or internal media
POST-MERGER
Review and identify the most important documents to retain, with a focus on liabilities and historical materials.
Effectively managed records are a key component to an effectively managed merger that achieves compliance, mitigates risk, and ensures that valuable information and knowledge is maintained on both sides of the brokerage line. HAI | Legal’s records managers and information professionals will partner with your records management, information technology, and legal teams to assess the current records management and information governance programs at an enterprise scale to provide tailored, prioritized feedback and policies; implement records disposition; and prepare and train your organization for long-term compliance and effectiveness in electronic records management.
HAI | Legal Records Management (RM) and Information Governance (IG) services include:
- RM and IM program assessments
- Data hygiene assessments
- Retention schedule creation
- File plan creation
- Taxonomy development
- Records disposition assistance
- Project management
- Staffing support
- Training
POST-MERGER
Add to or create a corporate archive/library that includes merged company’s documents and honors records schedules.
In today’s social, economic, and global health environment, reliable digital information is more important than ever. An M&A transaction is an opportunity for an organization to transform from a paper-based, distributed data blackhole into a modern, digital information powerhouse.
Digital transformation must consider, plan, and implement change across a spectrum of organizational components: people, business processes, data management, industry regulations, and technology. It takes a special blend of change management, data structuring expertise, records management skills, and digital tools to achieve success across the full organizational information lifecycle.
Achieving a fully digital records and information management program will ensure that your organization’s employees, board members, and partners have ready, reliable access to the data they need to connect communities, improve mobility, and stimulate economic development. Increased digital access to your organization’s information will promote research, innovation, and public service now and for years to come.
HAI | Legal Digital Records & Archives services include:
- Strategic planning services to transform the company to a digital platform
- Records hygiene services to archive, weed, and dispose of the old and new company’s records to achieve records management compliance
- Taxonomy, metadata, and other information management support services to establish consistent management of digital information
HAI | Legal has completed more than 1,400 historical research investigations—we have extensive experience in delivering insight and perspective in support of the most complex legal matters.
Other Capabilities
Start Your Research Investigation
Prior to accepting new engagements, HAI | Legal undertakes a standard conflicts check to ensure that we are free and clear to work on your matter.
For a conflicts check we will typically need the following information:
- Your ultimate client
- Adverse parties
- Named co-defendants (if potentially adverse)
- Name of specific sites (if applicable)
- Type of legal or regulatory matter
- Case citation for the legal matter (if available)
Once we confirm that we are clear to work on the matter, HAI | Legal will schedule a project briefing to discuss scope and potential level of effort.
If your research need is urgent - please call us directly at 301.279.9697