In the area of mergers and acquisitions, trade secrets can provide unique challenges to the due diligence team evaluating the target company. An early understanding of the key players, the buyer’s intended uses of the<br />trade secrets, and the seller’s policies and positions regarding them, is fundamental to structuring the correct questions to undertake a thorough and informative<br />due diligence process. A thorough process can inform the economics of the deal, identify any third party risks and even minimize the opportunities for post-acquisition misappropriation of trade secrets.
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