Technical Due Diligence

Before acquiring or investing in a technology company, two key questions must be answered. First, how much is unique about the company’s intellectual property compared to the publicly-available components used in the software? Second, how valuable, defensible and monetizable are the IP assets being considered? Getting answers to these questions can be challenging. When you add the strict confidentiality considerations typical in an MOU or LOI, a potential acquirer can find it extremely difficult to perform proper vetting of a target company’s technology. Similarly, the target company may wonder if its unique intellectual property is being reviewed properly for fair value. That’s where we come in. Quandary Peak understands the unique constraints and requirements involved in a technology acquisition. We’ll work with you to evaluate the quality of the software promptly, fairly, and accurately.

Quandary Peak experts have represented Fortune 500 companies and work with some of the top IP law firms in the industry.

Download our executive summary to learn more about our technical due diligence services and case studies.

What We Do

Quandary Peak experts have a deep understanding of and experience in:

  • Software architecture and design analysis
  • Evaluating Artificial Intelligence (AI) and Machine Learning (ML) solutions
  • IT operations and devops analysis
  • Buy-side and sell-side startup due diligence
  • Identifying deficiencies in documentation, on-boarding and knowledge transfer
  • Software design coupling and cohesion review
  • Interoperability, reliability, performance and security analysis
  • Scalability, fault tolerance and cost effectiveness analysis
  • Integration, black box, black box, regression and component testing and QA
  • Software organization and readability analysis
  • Identifying gaps in people and skills to meet investment objectives
  • Process, practices and tools analysis
  • Technical interviews with key stakeholders (CEO, CTO, VPs, etc.)
  • Establish normal performance versus exceptional performance of a software system.
  • Judge software quality using industry best‑practices.
  • Verify claims about software capabilities.
  • Confirm the suitability of software or database design.
  • Provide development due diligence reports about the techniques used for a software project.
What We Know
  • IP analysis (patents, trademarks, copyright registrations, trade secrets)
  • SOW, MSA, SLA agreements
  • Business plan and monetization
  • Competitive analysis
  • Open source software integration analysis
  • AI/ML data pipeline/solution integration analysis
  • Licensing analysis
  • Go to market strategy
  • Customer analysis
  • Litigation analysis
  • Stress testing
  • Organizations & ownership structure
  • Technology stacks
  • Startup competitive analysis
  • SWOT & magic quadrant analysis
  • Static software analysis
  • 3rd party audit reports
  • Software configuration management
  • Hosting, IaaS, PaaS, SaaS, data centers, CDNs
  • Development best-practices for mobile and web apps
  • Requirements engineering for multiple‑platform releases
  • Software deployment and change management
  • Scaling and capacity planning
  • CRM, Intranet and ERP build vs. buy analysis

We have experience with hundreds of startups and technology companies for litigation or M&A transaction.

Quandary Peak Research provides expertise by serial entrepreneurs from both venture-backed and bootstrapped startups. Here is a select list of some projects we have recently completed:

• Strategic Roadmap Consulting, confidential (Feb 2020)
– Technology: Data integration, CRM, CMS & MLS vendor selection, Real Estate

• Startup Launch, confidential (Dec 2019)
– Technology: Applied Cryptography, Digital Media Streaming and DRM

• Strategy, confidential (Dec 2019)
– Technology: 2-Sided Marketplaces, Platforms, AI/ML-Data Pipelines, Real Estate

• Investment, confidential (Aug 2019)
– Technology: Consumer Mobile Applications, Real Estate

• Acqui-hire, confidential (July 2019)
– Technology: SaaS Information Management, Healthcare

• Joint Venture, confidential (APR 2019)
– Technology: Machine Learning, B2B2C HR Platform

• M&A, confidential (OCT 2018)
– Technology: Artificial Intelligence, Logistics

• Acqui-hire, confidential (DEC 2018)
– Technology: Information Integration, Mobile Application

• Investment, confidential (NOV 2018)
– Technology: Information Extraction, Advertising

• Investment, confidential (OCT 2018)
– Technology: Artificial Intelligence, Smart Devices

• Spin off, confidential (JUN 2018)
– Technology: Machine Learning, Autonomous Cars

• Investment, confidential (OCT 2017)
– Technology: 2-Sided Markets, Music & Entertainment


We have a keen understanding of the issues at play during the technical due diligence of a company; our experience with hundreds of software litigation matters is the foundation of our expertise. We can help inform your investment and M&A transactions in a wide range of technology areas such as artificial intelligence, information management, consumer apps, supply chain, freight logistics, enterprise and SaaS application and many others. Before you draw up your term sheet, contact us for a free, confidential consultation.

Speak with an expert today