Managing 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

A live 90-minute CLE webinar with interactive Q&A


Thursday, May 4, 2017 (in 10 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar 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.

Description

Corporate data security breaches are at an all-time high, making data privacy and cybersecurity planning in M&A transactions more important than ever. Examining a target’s data assets and identifying cybersecurity vulnerabilities are essential to valuing a deal, implementing risk mitigation measures, and planning for successful data integration post-acquisition.

Counsel for buyers should begin evaluating data privacy and cybersecurity risks when assessing a potential target and continue making data privacy and cybersecurity concerns a priority during due diligence and when negotiating the acquisition agreement and other transaction documents.

During due diligence buyer’s counsel should examine the target’s data inventory, data locations, data collection processes, privacy policies, security controls, information governance guidelines, risk assessment programs, and cybersecurity insurance policies for vulnerabilities.

When negotiating and drafting the transaction documents, counsel for both parties should carefully approach the reps and warranties provisions related to the target’s data privacy and cybersecurity protocols and thoughtfully address how the parties will resolve issues that arise from data security breaches.

Listen as our authoritative panel of deal attorneys examines key considerations for managing and allocating data privacy and cybersecurity risks in M&A deals.

Outline

  1. Overview of data privacy and cybersecurity issues
  2. Managing data privacy and cybersecurity issues when planning acquisition strategy
  3. Data privacy and cybersecurity best practices during due diligence
  4. Allocating data privacy and cybersecurity risks when drafting and negotiating transaction documents

Benefits

The panel will review these and other key issues:

  • The impact of data and cybersecurity assets and vulnerabilities on deal valuation
  • The best approaches for counsel to identify data privacy and cybersecurity vulnerabilities early in a transaction
  • The most critical information counsel should request from the target company during due diligence related to data privacy and cybersecurity
  • Provisions to include in the transaction documents to address data privacy and cybersecurity vulnerabilities and mitigate deal risk

Faculty

Roberta D. Anderson, Director
Cohen & Grigsby, Pittsburgh

A Partner of the firm’s Data Security and Insurance Recovery Practice Groups, Ms. Anderson concentrates her practice in the areas of insurance coverage litigation and counseling and emerging cybersecurity and data privacy-related issues, including security incident planning and breach response. For nearly two decades, she has represented clients in connection with a broad spectrum of insurance issues arising under almost every kind of business insurance policy. 

Jennifer C. Archie, Partner
Latham & Watkins, Washington, D.C.

Ms. Archie possesses broad investigations, litigation and counseling experience advising clients from emerging companies to global enterprises across all market sectors in matters involving computer fraud and cybercrime, privacy/data security compliance and program management, advertising and marketing practices, information governance, consumer fraud, employment and trade secrets. She has particular expertise in preparing for and leading the response to complex and large-scale data breach incidents.

Alan Brill, Senior Managing Director
Kroll, Secaucus, N.J.

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.

Gerard M. Stegmaier, Partner
Reed Smith, Washington, D.C.

Mr. Stegmaier focuses his practice on corporate governance, IP and internet issues, especially as they relate to privacy, information security and consumer protection. An experienced and pragmatic litigator, Mr. Stegmaier focuses a significant part of his practice on prelitigation and advisory services relating to business strategy for privacy by design, data protection, IP, and emerging technologies and markets.


Live Webinar

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

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Mergers and Acquisitions Law Advisory Board

Charles H. Baker

Partner

DLA Piper

Igor Kirman

Partner

Wachtell Lipton Rosen & Katz

Kevin C. Logue

Partner

Paul Hastings Janofsky & Walker

Mark D. Williamson

Principal

Gray Plant Mooty

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