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ARTICLE · 25 OCTOBER 2020

Due Diligence Defense For Section 11 Liability

Section 11 of the Securities Act imposes liability for underwriters, directors and others involved with a public securities offering.

United StatesAccounting and Audit
Patricia Woodbury
Patricia Woodbury

Section 11 of the Securities Act imposes liability for underwriters, directors and others involved with a public securities offering. The statute also provides a due diligence defense for everyone, except the issuer. FTI Consulting professionals are uniquely qualified to provide services prior to the deal closing to strengthen the due diligence defense of those involved with an offering

Our consultants and testifying experts can also assist, after-the-fact, in determining whether adequate due diligence was performed prior to the offering. FTI Consulting's professionals include former officials with the Securities and Exchange Commission (SEC), The Financial Accounting Standards Board (FASB), the Public Company Accounting Oversight Board (PCAOB), and former partners and managers with audit firms including the Big Four and their predecessor firms.

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