Bates White experts have authored dozens of legacy liability and tort expenditure due diligence reports and provided related risk analyses valuation and strategic advisory services for mergers and acquisitions, capital investments, and divestitures. We have worked with corporations, investment banks, private equity groups, and law firms to assess business, financial, and legal issues and evaluate the merits of transactions involving risks using our scenario-based approach. Our team collaborates with clients and their counsel to scale and tailor our analysis to meet their needs. Bates White has historically focused our diligence work on understanding the key economic drivers underlying the litigation and claims generation process to develop risk profiles that help our clients understand the strategic and financial ramifications of environmental and product liability-related issues involved in a potential transaction.

Bates White’s due diligence work has included developing reports regarding potential legacy liability costs tied to asbestos, talc, opioids, per- and polyfluoroalkyl substances (PFAS), food additives, defective products, and medical devices. This includes work on behalf of a corporate client evaluating restructuring opportunities, providing due diligence evaluation for a client engaged in a bidding war for an acquisition target with potential long-tail liability risks, providing liability assessments as part of due diligence for potential acquisitions, and estimating potential liability as part of post merger fraudulent conveyance litigation.

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