Global economic distress and the uncertainty of the “new normal” have significantly changed the areas of focus in transactional due diligence, underscoring the limitations of the pre-crisis approach. The panel will discuss best due diligence practices during and post-COVID-19, including:
Force Majeure and MAC clauses; Insurance planning; Crisis and contingency planning; Supply chain mapping; Business continuity and management succession planning; Sources of transaction funding; Fraud issues and potentially nefarious agendas; Causes of distress; Cybersecurity issue; Reputational diligence; Objectivity in deal evaluation; Use of technology, VDRs and encryption; Leveraging Navy SEAL intel gathering methods.