The #MeToo Rep: M&A in the #MeToo Era 8-28-18

https://www.jdsupra.com/legalnews/the-metoo-rep-m-a-in-the-metoo-era-16367/
Bruce’s Summary: Again, as I said in January of this year, “Well 2018 is here and workplace harassment and retaliation allegations are still rolling in. It seems the talk is that everyone is still waiting for more workplace harassment and retaliation complaints to surface and surface they will.”
So, has anything else changed? Well let’s say you are in the process of selling your company, everything is coming together, financing is looking good and you get an additional request.
You get a “Weinstein Representation” or an “MeToo Representation” request about any prior and/or current ongoing complaints or allegations, which previously were rarely brought up, if at all. But wait, as a normal standard operating procedure you have already responded that you don’t have any ongoing litigation or threats of litigation. Yes, you did respond but it’s no longer enough, we’re in a different world today and what you may have thought was previously addressed and settled is now being asked to be disclosed as part of the due diligence process.
The author provides a great overview of the potential outcomes that can positively and/or negatively affect the value associated with the sale of a business.
For HR Professional’s it’s a wakeup call and an opportunity to take a lead role in ensuring that their organizations understand and instill “Best Practices” when “MeToo” type allegations are alleged.
By being proactive, HR Professionals can monitor and drive policy development, provide live training for executives, ensure inappropriate manager behavior is addressed earlier, train employees how to speak up if they become bystanders and the use of outside investigative experts is a positive in todays “MeToo” environment. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” www.calvin-associates.com

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