Essential that transaction management teams be alert to the potential for, if not the probability that, at some level, intangible asset hemorrhaging will (can) occur in either pre or post transaction context.
It’s important to recognize that a company’s competitive advantages (business differentiators) are, in most instances, intangible assets.
The single greatest challenge to helping company’s design and execute an organizational resilience plan is achieving consensus about the criticality of certain processes, products, and assets (tangible and intangible).
In Stone v. Ritter (and also, In Re Caremark and In Re Disney) Delaware courts drew attention to board/director oversight (management, stewardship) of compliance programs and company assets.
SBA studies state that SME’s produce two and one half times as much innovation (intangible assets and IP) per employee compared to larger firms.
Unfortunately in many enterprise risk management initiatives, there remain boards, c-suites and management teams that do not address intangible assets.