Tips for Conducting Effective Due Diligence in an Auction Process

Guest post by Danielle E. Golino of McDermott Will & Emery

In today’s highly competitive healthcare environmentinvestors may find themselves in an auction process where they must conduct due diligence pre-exclusivity. With limited time and mounting pressure, it can be difficult to know what issues to prioritize. Here are some practical tips for focusing your due diligence efforts strategically in a pre-exclusivity setting:

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Use of Earn-Outs to “Bridge” the Valuation Gap

Guest post by Jamie Leigh, Ben Beerle, Ian Nussbaum, and Megan Melbourne of Cooley LLP

There’s an old saying, probably at some point attributed to Abraham Lincoln or Einstein, that a bridge shows no allegiance to either side. It’s a wonderful metaphor and one that dealmakers would be wise to remember when working to construct agreements to solve for divergent views on value. What two parties may have initially viewed as a solid foundation, may fail when tested, plunging those parties into the churning waters of judicial scrutiny.

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High Quality Deal Flow: The Secret Sauce of Great Venture Investing

Guest post by Guest post by Paul A. Jones of Michael Best & Friedrich LLP

Quality deal flow – the insiders call it “proprietary deal flow” – is the lifeblood of venture capital investing. You can’t do the best deals if you don’t see them until after someone else does them. Quantity may have its own quality on the battlefield: not so in the venture investing world.

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