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Practice Areas :
Business
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Transactional Risk Assessment
The old paradigm of corporate transactions—which required a more relaxed, “due diligence” standard of oversight—has been replaced by a draconian, zero-tolerance era of internal investigations, firings, SEC investigations and criminal prosecutions. Today, officers, directors, employees, fiduciaries and investment firms must protect themselves and their companies, whether public or private, by retaining highly specialized experts to assess carefully and accurately the known and unknown risks in their transactions.
The Transactional Risk Assessment group at Patton Boggs can respond immediately to gather and analyze information, to work with other lawyers and consultants in the transaction and to provide effective and usable advice to decision makers. We do not simply “paper” a transaction, nor do we simply perform regulatory due diligence. Rather, our attorneys provide cutting-edge advice on the risks associated with a transaction, and how any discovered risks can be resolved, mitigated, priced or insured. We do so with an unparalleled understanding of, and relationships with, government regulators, enforcement agencies, Congress, other policy makers and the politics of Washington. We can access information not readily available to others, and we can provide critical insight along with that information. In other words, we protect our clients while finding creative ways to allow the transaction to proceed in a manner that makes good business sense.
Attorneys in the Transactional Risk Assessment group provide these highly specialized expertise through a coordinated, strategic, team-style response. The group uses partners from multiple practice areas in established teams that are formed to meet the specific matter at hand. Each team is different: for example, a team might consist of a top-flight trial attorney and former federal prosecutor, a former government official who wrote regulations that impact an industry, an experienced corporate partner and a widely-recognized professional in the respective field.
Our clients are diverse. We represent companies considering the purchase of all or part of another company, especially in cases when the target company is closely held and the value of information and analysis may be at a premium. We also represent private equity funds, investment banks, hedge funds, insurers, merchant banks, banks and creditors who may have an interest in a transaction, or be making a substantial investment or commitment. And, because we are team players who know how to work towards a common goal, we frequently are hired to supplement the capabilities of large corporate law firms that already represent a party in a transaction. We are known for providing clients with an accurate and unbiased assessment of the risks in a transaction—and doing so in a way that shows we understand their business.
We regularly perform transactional risk assessments in the following areas:
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