First and foremost is a rigorous intellect, a mastery of the law, an ability to hone in on the key issuesand provide clear answers to complex legal questions.
Buy-side firms can improve their returns by using a firm like Pragma which specializes in them, or by understanding these issues, , and asking their brokers very specific questions and getting the answers in writing.
But I think these are all good questions, and I think that in some ways your questions are answers in that we carefully consider all those issues in a situation like this.