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Richard A. Kranitz, Esq., comments on Manitowoc Company v. Lanning, a recent decision from the Supreme Court of Wisconsin

Veteran business law attorney, Richard A. Kranitz, Esq., comments on Manitowoc Company v. Lanning , a recent decision from the Supreme...

Sunday, October 7, 2018

Richard A. Kranitz, Esq., experienced Business Attorney, stresses the importance of conducting a thorough Due Diligence prior to Business Acquisition.



Richard A. Kranitz, experienced Business Attorney, stresses the importance of conducting a thorough Due Diligence prior to Business Acquisition

            “Conducting a thorough due diligence before business acquisition is critical to a successful and smooth acquisition process”, says veteran attorney Richard A. Kranitz.  Some of the obvious areas of diligence would include existing contracts, payroll history, retirement account liabilities, and overview of assets and liabilities.  While most would-be business owners would understand the need for examining these basic, but critical, information, a more thorough review and analysis may be appropriate in certain circumstances.

            One such example would be acquisition of a business in a different state or even business with an overseas presence.  With exposure to different regulatory requirements in a new jurisdiction, the acquiring business would have to accurately assess its new obligations and exposures.  For example, a company dealing with sensitive consumer data would be subject to varying types of regulatory requirements in whatever state they do business in.  If such a business were to acquire another business in a different state, they would have to conduct a review to ensure that their existing compliance scheme meets the requirements of the new jurisdiction.  Even more complicated, if the acquiring business is new to handling sensitive consumer data, they may have to review the compliance scheme from scratch or build one from the ground up.  

            Overseas acquisition could be even more complex.  For example, the European Union has enacted General Data Protection Regulation (“GDPR”).  GDPR is widely considered one of the most sweeping and expansive data protection laws anywhere in the world.  Any acquisition of business potentially subject to GDPR would require an extensive review of data handling protocol to ensure compliance with the breadth and scope of GDPR.  

            While many acquisition due diligences focus on financial health and potential liability exposure of the acquired business, experienced attorneys will examine all relevant issues, including, but not limited to, regulatory concerns and multi-jurisdictional dimensions.  Thorough due diligence is critical to ensure that all potential issues and pitfalls are examined prior to the deal being completed and that post-acquisition operation is smooth and free of unanticipated surprises.
 


*** Richard Kranitz (Wisconsin) is an experienced attorney and business consultant in the areas of corporate, securities and tax planning for corporations, partnerships, joint ventures, limited liability companies, multi-unit enterprises, and a variety of different non-profit entities. In addition, he has counseled their owners and executives in compensation planning, estate plans, and asset protection. Attorney profile at: https://solomonlawguild.com/richard-a-kranitz-esq