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IP Due Diligence

By Michael McGurk and W. Caroline Chen

Business transactions involving intellectual property (IP) require thorough due diligence, often before any meaningful negotiations, if any, take place. The primary goal of IP due diligence is to identify and evaluate the relevant IP assets of interest, and then provide sufficient information to allow the evaluating party to make an informed business decision. In theory, this process seems straightforward and without peril for the attorneys to share this information and the due diligence analysis (“work product”) with the decision-makers in the company. However, every general rule has its exceptions.

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