Bespoke Due Diligence: Tailoring IP Due Diligence to the Transaction to Achieve the Ideal Balance of Diligence Depth and Cost-Efficiency
William Vickery
Director of Due Diligence
Servier
Gabriel J. McCool, Ph.D.
VP, Legal and IP
ReNAgade Therapeutics
Robert H. Underwood
Partner
Hogan Lovells LLP
- Assessing the nuanced spectrum of life sciences IP due diligence needs for different transactions (e.g., licensing, M&A)
- Identifying key risk factors that demand in-depth examination and scrutiny
- Examining the relationship between the thoroughness of a life sciences IP diligence and the mitigation of risks.
- Employing AI-powered search and screening techniques to detect potential risks and opportunities, while carefully evaluating the cost-benefit ratio of the obtained results.
- Knowing the the right questions to ask stakeholders to establish consensus on the appropriate level of analysis tailored to each transaction
- Developing the acumen to adapt the diligence to align seamlessly with evolving timelines or objectives of the transaction.
- Managing expectations regarding diligence at the outset
- Taking into account the concepts of privilege and trade secrecy:
- Developing precise guidelines and/or contracts for information sharing and handling of documents between target and acquirer to prevent unauthorized usage or misappropriation of information obtained during the due diligence process