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The Diligence Process is the best (and sometimes, the only) shot for companies on either end of any transaction to provide or obtain what they most need to succeed. Surprisingly, however, it is consistently the most under-appreciated and poorly utilized tool in the industry.


Sellers need to maximize their assets, know, prepare for and counter serious inquiries respecting their strengths and weaknesses and then find the right way to communicate the excellence of their offering.


Buyers need to "kick the tires" on representations made by Sellers, understand the limits and potential of any Regulatory and IP protections, uncover hidden risks/ benefits and assess whether the offering is the right fit with their vision.


Whether buying or selling a company or product, in or out-licensing or just interesting investors in your vision, the problem is the same:

You Need to Know What You Don't Know About the Product/Business Under Review

  • if it's someone else's: 

is it viable, patent and exclusivity protected/protectable, a product liability risk and/or worth the investment?

have you detected the landmines that could be hidden along the path to commercialization?



  •  if it's yours, have you:

identified the true value of your asset and polished it to show in the best light to maximize value?

considered and countered any warts before they are raised by the Buyer to drive down the price?

Imagine a Process That Enables You to:

  • describe your IP in a language your audience understands
  • further protect that IP with extended patent terms/regulatory exclusivities
  • consider patent infringement and validity positions early on
  • anticipate and strategize to guard against market incursions (both ANDA generic and 505(b)(2))

Imagine a Process That Considers Regulatory Strategies:

  • to enhance exclusive market potential for your products
  • based on key product features/benefits to support early evaluation of Bioequivalence and Citizen Petition arguments

Imagine Attorneys Who Can Work With Your Business Team:

  • who understand your science, the business and explain IP and regulatory legalese
  • to leverage IP, regulatory, legal strategy and scientific issues to your commercial advantage
  • to create a Due Diligence Checklist
  • to ask the tough questions and create ready answers to counter the hard hitting inquiries you will receive
  • to provide assistance in pitch meetings to assure value is understood and optimized

Consider that the greatest breakthrough in medical science may be worthless to you or to your potential buyer without legs to support the investment. To persuade your audience, whether in the C-Suite, investors, internal or external, it is necessary to clearly communicate your concerns or explanations in a convincing manner.

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