Due Diligence Background Checks… Competitive Advantage

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Due Diligence Background Checks Competitive Advantage

 

Our partner I-OnAsia recently posted an article about a success story with regard to Due Diligence Background Checks and one of their clients.  This story illustrates how when you dig deep you can remove obstacles and concerns that can shut-down deals.

James Tunkey, COO of I-OnAsia shared this story…  

I’m pleased to announce that earlier this year one of our clients acquired a multi-billion dollar portfolio of assets, proceeding with a deal that we performed Due Diligence on.

The deal involved an international aspect that our client’s competitors were unable to get comfortable with. But our client saw a potential opportunity: doing the deal might deliver a healthy ROI, and lead to a better stock performance.

We got to work, going beyond Standardized Checks for regulatory compliance. Deep Dive Diligence looked at the backgrounds and reputations of key individuals and entities, and the drivers for potential future success. The result was an authoritative report submitted to the Board that explained away misconceptions, identified upside opportunity,  and repriced the risk.  

The massive acquisition has been very well received in the marketplace.  Not every deal involving foreign entities is always right to do. But not every deal should be shied away from either.

 

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Brand Protection / Anti-Counterfeiting

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Brand Protection Anti-CounterfeitingCreation, monitoring and protection of Brand Assets (Intellectual Property) is something that is often overlooked until brand protection becomes an issue. The issues often appear when counterfeits show up online on popular eCommerce sites like Amazon, eBay, Alibaba and others. Clients and customers request warranty work or exchanges of non-genuine goods. Even worse when distributors complain that their competitors are undercutting prices and selling counterfeits. Understanding the importance of intellectual property protection is crucial for minimizing risks.

Here are some things that businesses can do to mitigate exposure to brand erosion, customer confusion and counterfeits,  as well as ways to protect intellectual property.

Control, monitor and audit your supply chain:

• Conduct extensive research on your contract manufacturers and other business that impact your supply chain (Background Research, Litigation Research, Credit Profile)
• Request the ability to conduct audits of your suppliers
• Investigate any affiliated business or online resale channels of your suppliers & manufacturers.

If your brand ends up in the hands of infringers, diverters and fraudsters, here are a few things you can do to identify and enforce:

• Undercover Buys / Evidentiary Buys
• Identify / Trace Sources of Infringement
• Cease & Desists Letters – In-person delivery of C&D letters accompanied with an interview can prove valuable in letting the infringer know that you are serious and you can often uncover valuable information about other players through this process.
• Seizures (Civil & Criminal)
• Create & Implement Online Brand Protection Programs
• Register your trademarks with ICE for enforcement at the borders
• Conduct discreet (undercover) visits at contract manufacturers, partners and distributors

These intellectual property protection examples are effective strategies to helping mitigate risks and prevent further damage. Admissible evidence is crucial to brand protection, so it is best to work with an outside law firm and trained private investigation firm that can obtain evidence of infringement/counterfeiting that will hold up in litigation. Please contact our offices at 949-900-3400 for assistance.

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