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Raising Capital With a New Asset Class: Leveraging the Inherent Value of a Business’ Data to Secure Financing

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, August 24, 2023

Recorded event now available

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This CLE webinar will explore the rise of data asset financing and its impact on asset-based financing, cash-flow secured financing transactions, and other transactions across the capital structure. The panel will discuss how the inherent value of a business' data can be leveraged to provide new liquidity options for borrowers and private equity sponsors, as well as additional collateral and investment opportunities for financing sources and other investors.

Description

Facing continued economic headwinds and uneven market conditions, market participants explore and pursue unique and novel strategies and structures to generate improved returns, whether to increase liquidity or deploy ample dry powder for investing. Data asset financing has become an in-demand strategy and opportunity for borrowers, sponsors, and lenders alike due to the ubiquity of data assets, which almost all companies accrue as part of their ordinary course of business.

Although data is often viewed as a costly necessity and a byproduct, data is a strategic asset that appreciates and generates a return, making it among the most important things a company owns. As such, data assets can be harnessed and monetized to provide tangible benefits both to the companies that own them and to financing sources and other investors. When market participants approach data as a strategic asset, it can generate new avenues from recapitalization and increased investment returns.

As the world continues to become increasingly digitized and where businesses have a larger online footprint, the rate at which valuable data is both produced and accrued will continue to accelerate. Thus, data is a new asset class that (1) companies can leverage to finance their daily operations and (2) financing sources and other investors can turn to further their overall growth strategy.

Listen as our panel of experts discusses how data asset financing may be the next frontier in secured finance, allowing companies to borrow capital secured against a newly utilized pool of saleable assets while also diversifying capital structures and investment opportunities for borrowers, private equity sponsors, and lenders.

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Outline

  1. Defining and valuing data assets
  2. Asset-based financing: monetizing data assets
  3. Cash-flow lending: risks and opportunities when data assets are collateral
  4. Impacts of data privacy and IP regulations, laws, and frameworks
  5. What's next for data asset financings? Investment opportunities and capital structure diversification

Benefits

The panel will review these and other key issues:

  • What are data assets?
  • How can data assets be valued?
  • How can data be financed?
  • How can data asset financing be structured?
  • What are the data and IP regulatory and statutory considerations?
  • What investment opportunities can data asset financing yield?

Faculty

Charfoos, Aaron
Aaron Charfoos

Partner, Global Chair Data Privacy and Cybersecurity
Paul Hastings

Mr. Charfoos is an accomplished cybersecurity, privacy, class action and data protection trial lawyer. He litigated his...  |  Read More

Granger, Serena
Serena G. Granger

Of Counsel
Paul Hastings

Ms. Granger advises banks, private credit funds and other loan market participants on transactions across the capital...  |  Read More

Kirsch, Jesse
Jesse T. Kirsch

Partner
Paul Hastings

As a member of the Financing and Restructuring Group, Mr. Kirsch’s practice focuses on the representation of...  |  Read More

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