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Message: <blockquote data-quote="bmcdaniel" data-source="post: 4135371" data-attributes="member: 1772">While it is theoretically possible that some marketing research regarding D&D was not part of WOTC's acquisition of TSR, such an event is highly unlikely for two reasons.1. Regarding a legal exclusion: there would be no business purpose in excluding market research regarding an asset that was delivered (i.e. the D&D brand). Any such exclusion would (by necessity) have required disclosure in the acquisition agreement (the nature of acquisitions is that all assets are included unless specifically excluded), and Dancey would be aware of it. I think we can assume in good faith that Dancey would not  have expressed surprise at the lack of market research if he was aware that the acquisition agreement excluded market research.2. Regarding extra-legal destruction: it is practically impossible to destroy all evidence of business records like market research. Expenditures for market research will show up in the accounting records; market plans will incorporate references to the research conclusions; the research will be discussed in board minutes; etc. Moreover, continuing personnel would remember the existence of market research. If an employee tried to destroy an asset like market research and the destruction was discovered, both TSR and the employee would be subject to liability (including return of the purchase price of the acquisition) and possibly criminal prosecution (unlikely as a factual matter, but possible). Its hard to imagine why anyone would risk this, especially because the most spiteful people (the TSR shareholders) have the most to lose; regular employees would just transition from TSR to WOTC.For what it is worth, I am a lawyer who routinely is involved with the acquisition of businesses (moreso five years ago than today, but the principles remain the same).</blockquote>

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