Tag Archive for: due diligence
The Half-Life of Facts: Required Reading for Lawyers
A wonderful new book called The Half-Life of Facts by Samuel Arbesman makes riveting reading for anyone in the business of gathering information. Don’t let the fact that the author is an applied mathematician scare you off. Arbesman keeps…
Local Public Records: Offline and On Foot
On Election Day, it's useful to remember that Speaker of the House Tip O'Neill's famous assertion that "All politics is local" can apply to investigations as well.
When we're tasked with a public records search, our clients expect that we'll review federal and state government records. What they may not realize, though, is that an exhaustive public records search also requires digging through local public records, which may be a treasure trove of offline information unavailable elsewhere. Remember, though: There's local and then there's local. Think of it as gradually smaller geographic circles until you hone in on where the person you're investigating actually lives or works.
Avoiding Due Diligence Failure: Follow Up on All Red Flags
This blog takes no position on the malpractice allegations by HSBC that its law firm, Troutman Sanders, dropped the ball on its due diligence of a borrower who ended up costing the bank $75 million when the borrower put fake securities up as collateral. You can read about the lawsuit here and here.
Due Diligence on Expert Witnesses: Assume the Worst
For expert witnesses, websites abound that help to connect a particular specialty with the trial attorneys who may need someone to speak about pediatric cardiology, warning labels, or the particulars of earthquake insurance. Fewer in number are the people who can sort through the experts' backgrounds.
Due Diligence for Employees and Small Businesses: Turnaround is Fair Play
One of the biggest misconceptions about due diligence is that it is a one-way street. People assume that either they are scrutinized or doing the scrutinizing, but never the twain shall meet. But this shouldn't always be the case. In some instances, the person under the microscope also has a responsibility to make sure that they subject the other party to thorough due diligence.
In Plain Sight: Corporations and Public Records
Clients are often surprised to learn how much corporate information is on the public record. Of course, public companies are forced to disclose a lot more data than private ones, but it's still possible to learn about private companies using smart and thorough public records searches. And there's more to learn than just what assets a company holds.
Scratching the Surface: Due Diligence and Public Record Searches
What does it really mean when an investigator says that they are going to do a background search on a person and track down all the relevant documents "on the public record"? Well, let's start with what it doesn't mean: bank documents and cell phone records are not public record. Any investigator who tells you he can track these down for you is ostensibly promising to break more than a couple of laws to get you that information. In addition, given that he's acting as your agent, odds are it could get you in a heap of trouble as well.
So what can you expect instead? Below is a list of the various public documents that you should expect from your investigator when investigating a person. Future blog posts will detail similar lists for background research on companies and for asset searches.
Foreign Due Diligence on U.S. Companies is a Must
We have had a number of recent cases involving foreign companies who entered into large-scale sale agreements with American-based corporations. These companies are run by sophisticated, experienced executives. In most instances, the agreements…
Due Diligence For Current Employees
Companies are saving recruiting and advertising costs by hiring from within. But they still need to invest in due diligence and make sure that internal promotions are vetted with the same rigor as external hires. We’ve written…
JPM, Feynman and Investigations
A superb column over the weekend by the personal investing columnist in the Wall Street Journal, Jason Zweig, "Polishing the Dimon Principle," struck a chord or two with us because of what it said about human knowledge and the occasional lack…
