Data Privacy and Cybersecurity Risks in M&A Deals: Pre-Planning, Due Diligence, and Risk Allocation Strategies
Minimizing Impact of Cybersecurity Vulnerabilities on Transaction Value
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to deal attorneys for managing and allocating data privacy and cybersecurity risks in M&A transactions. The panel will discuss best practices for identifying and addressing data privacy and cybersecurity concerns throughout the life of a deal, from developing an acquisition strategy and identifying a potential target, to conducting due diligence, to allocating risk in the transaction documents.
- Data privacy and cybersecurity issues to consider when planning an acquisition strategy
- Creating a due diligence checklist to fit the data assets of the target
- Key issues to look for in the diligence process
- Allocating data privacy and cybersecurity risks when drafting and negotiating transaction documents
- Representations and warranties
- Indemnity provisions
The panel will review these and other key issues:
- What should counsel request from the target company to identify potential data privacy and cybersecurity vulnerabilities early in a transaction?
- What reps and warranties and indemnity provisions should be included in the transaction documents to allocate risk?
- How might data assets and vulnerabilities affect deal valuation, and what should the documents say concerning any related price adjustments?
Alan Brill, CIPP/US
Senior Managing Director
Mr. Brill consults with law firms and corporations on investigative issues relating to computers and... | Read More
Mr. Brill consults with law firms and corporations on investigative issues relating to computers and digital technology, including the investigation of computer intrusions, Internet fraud, identity theft, misappropriation of intellectual property, cases of internal fraud, data theft, sabotage and computer security projects designed to prevent such events. He has worked extensively on developing methodologies for collecting evidence from corporate information systems.Close
Kimberly J. Gold, CIPP/US
Ms. Gold's practice focuses on data privacy, cybersecurity, digital health, and transactional matters. She advises... | Read More
Ms. Gold's practice focuses on data privacy, cybersecurity, digital health, and transactional matters. She advises corporate and private equity, life sciences and health care, retail, media and entertainment, and technology clients on privacy compliance, research and big data initiatives, complex transactions, government investigations, and cybersecurity incident planning and response.Close