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ARTICLE · 23 APRIL 2015

IT Due Diligence: Don’t Let IT Be Ignored

Due diligence is a fundamental stage in every M&A transaction and lays the foundation on which a deal is built.

CanadaCorporate/Commercial Law

Due diligence is a fundamental stage in every M&A transaction and lays the foundation on which a deal is built. However, with so much material to review, companies sometimes don't pay enough attention to information technology (IT). Not only is this risky from a legal perspective, but it can also negatively impact business success. According to research conducted by Ernst and Young (report available here), nearly half of dealmakers surveyed admitted that more detailed IT due diligence could have reduced the amount of lost value in an M&A transaction.

One of the issues is that IT may not always appear to be a significant component of the deal. However, IT systems are usually quietly operating in the background of virtually every major business across industry groups, not just today's modern technology companies. For example, a manufacturing company may simultaneously use enterprise resource planning (ERP) software to bind together critical business functions (like

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