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EDD Investigations

“Ethical Due Diligence” can be as important as Legal Due Diligence common in any M&A situation. It's about investigating business practises, judging whether they are ethical, and in some cases guarding against possible criminal blame. It is not about doing standard Legal Due Diligence ethically!

Trained as lawyers and with professional and regulatory obligations of confidentiality and discretion, we can perform the necessary investigations of others. For example, this could be looking into the practises of a business which may be a prospect for a taking-over. Performing a similar exercise on your own business can be a worthwhile undertaking too. This can uncover obligations being ignored, behaviour in commerce that you consider inappropriate or potentially damaging to your reputation, or identify costs that may be being overlooked. Legal due diligence does not look into reputational issues - ethical due diligence does. Legal due diligence is narrowly focussed, prescriptive and dispassionate. Ethical due diligence is objective, wide-ranging and commonly judgemental.

The range of issues to be investigated can be difficult to define, from how suppliers or staff are treated, and where suppliers source from, through potentially dubious transactions, all aim to spot the kinds of issues which could negatively affect your own reputation and business value if it were made public. The key is to discover the danger before others do in a way which could devalue your own business.