Liability law: did Bayer overlook risks?
400 lawsuits in America alone, the first complaints filed in Australia and now the prohibition of glyphosate in Austria: the risks to Bayer Group arising from the Monsanto acquisition, which run into the billions, are a cautionary tale about how a meticulously planned transaction can get out of control.
If a company in such a situation were to enter mediation, it would be in a difficult position, says Daniel Wuhrmann. Once again, the discussion centers around this question: did Bayer's lawyers overlook risks when they conducted their "due diligence," i.e. the process of examining all relevant information about the purchase object, Monsanto, in special data rooms?