How to Balance Risk and Reward When Disclosing Information to Your Buyer

About the Episode

When are you obligated to disclose information about your business to the buyer? In this episode, attorney Darshan Kulkarni emphasizes the need to understand risk and be transparent about material information. 

In the end, the buyer is buying a story. The seller is selling a story. What is your story?

Darshan Kulkarni

What You’ll Learn

  • Define Material Information: When information is considered “material”.
  • How to Contextualize Information: How to contextualize information and balance disclosure to avoid scaring buyers off. 
  • How to Use Purchase Agreements: How your purchase agreements can serve as tools for risk allocation, and how different definitions of “knowledge” can impact your legal obligations.
  • Strategies for Managing Risks: Strategies for managing risks, such as key man provisions and escrow accounts, and the role of purchase agreements in allocating risk and defining knowledge.

Topics Covered

What is “material” information? [3:36]
How to navigate disclosure and minimize legal risks [5:01]
How to balance disclosure and business decisions [7:22]
How to manage disclosure in different transaction types [10:50]

Want More? Related Resources: 

Meet Our Guest

Darshan Kulkarni

Darshan Kulkarni

Principal Attorney of the Kulkarni Law Firm | Philadelphia, USA

Darshan Kulkarni is the Principal Attorney at the Kulkarni Law Firm and focuses on helping with the regulatory and compliance needs of FDA-regulated companies and their service providers, including drug, device, and biopharmaceutical companies, advertising agencies, and even other law firms. Dr. Kulkarni has a doctorate in pharmacy, a master’s in quality assurance/regulatory affairs, and a juris doctor, among other degrees and certificates.

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