Emerging Issues in M&A: Enhancing Data Privacy and Security in 2015
Due diligence in Mergers and Acquisitions requires deductive reasoning, research, and analysis. How companies monetize today places an emphasis upon privacy and security because data has monetary value. It is important for prospective merging or acquiring companies to request descriptions of data security policies and procedures, information governance guidelines, risk assessment and management programs, privacy policies, IT business continuity plans, insurance policies, marketing policies, and know their third-party affiliates and any past breaches, among others.
This CLE course offers an overview of the latest trends and best practices in Enhancing Data Privacy and Security in Mergers and Acquisitions. A panel of thought leaders and practitioners, assembled by The Knowledge Group, will help firms better understand how to mitigate security risks and will share due diligence tips.
In a two-hour live webcast, the speakers will discuss:
- Mergers and Acquisitions
- Data Valuation and Data Privacy Risks
- Security Policies and Procedures
- Privacy Policies and Procedures
- Information Governance Guidelines
- Business Continuity Plans
- Vendor and Third Party Management
- Risk Assessment and Management
- Cost and Compliance Issues
- Best Regulatory Compliance Strategies
- Common Violations and Possible Legal Action
Martin B. Robins, Partner
- Why the issue matters in the M&A space
- Distinguishing security and privacy issues
- Disclaimers about the need to look beyond US in due diligence issues
- Required players in the due diligence space – expertise required
- Technical considerations that need to be assessed by those charged with due diligence.
- Gauging target companies legal knowledge and content.
- Assessment of insurance practices and coverages of the target company
- Discussion of how to assess privacy matters
Faith Kasparian, Senior Attorney
Morse, Barnes-Brown & Pendleton
- High level – tips for the seller, what should you be doing in preparation for merger or sale
- Tips for the buyer – assessing whether target company is in compliance with privacy laws, customer info and whether it can be shared…enforceability
- Various cases in the context of bankruptcy
- Specific statues and how they apply
- How we’ve seen this to be the effect on indemnification periods (how affects price)
- Statute of limitations of claims
- Potential penalties
Who Should Attend:
- Privacy Law Attorneys
- Chief Compliance Officers
- Risk Analysts & Controllers
- Risk and Compliance Managers
- Privacy and Data Security Lawyers and Consultants
- M&A and Related Lawyers
- Merger & Acquisition Specialists
- Valuation Analysts
- Finance Lawyers
Mr. Robins is a partner in the Chicago office of FisherBroyles LLP, a national law firm based in Atlanta. His practice encompasses traditional corporate, commercial, finance and M&A work as well as privacy/technology and non-patent intellectual property work. He is also an adjunct professor at DePaul University College of Law where he teaches Intellectual Property for Corporate Transactional Lawyers.
Mr. Robins has published numerous articles in academic and professional journals, including a 2008 article in the University of Illinois Journal of Law, Technology and Policy entitled “Intellectual Property and Information Technology Due Diligence in Mergers and Acquisitions: A More Substantive Approach Needed” which contains significant discussion of the topic of this program.
He is a graduate of Harvard Law School and the Wharton School of the University of Pennsylvania.
Mr. Robins is a partner in the Chicago office of FisherBroyles LLP, a national law firm based in Atlanta. His …
Faith is a privacy and data security, licensing, and intellectual property attorney focusing on technology transactions at Morse, Barnes-Brown & Pendleton, PC. Her privacy and data security practice includes counseling clients as to compliance with U.S. federal and state laws; developing privacy policies and information management best practices; advising clients on privacy and data security issues in the context of licensing, software as a service, merger and acquisition, and other transactions; and representation in the context of Federal Trade Commission investigation of privacy practices and FTC Consent Order negotiation. Faith has particular expertise providing guidance as to compliance with the Children’s Online Privacy Protection Act for clients in various industries, including digital games, mobile applications, and online education.
Faith graduated from Tufts University with a B.A., summa cum laude, in English, and from the New England Conservatory of Music with a B.M., with academic honors, in vocal performance. Faith received her J.D., magna cum laude, and her M.A. in English from Duke University. Following law school, Faith clerked for the Honorable Gerald Bard Tjoflat, circuit judge for the United States Court of Appeals for the Eleventh Circuit.
Faith is a privacy and data security, licensing, and intellectual property attorney focusing on technology transactions at Morse, Barnes-Brown & …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
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FisherBroyles LLP (www.fisherbroyles.com) is a national business law firm with approximately 120 partners and offices in all major US cities. The firm provides a full range of business law services to clients of all sizes and in most industries. It does so in an unusually efficient manner by making much more use of cloud and other technology capability than other substantial firms, and emphasizing practical solutions and responsive service.
Adding to the efficiency are the facts that its ranks are comprised only of partners having at least seven years of experience with large law firms, meaning that it does not maintain salaried junior lawyers, and that it does not maintain material office space. All of these factors result in timely, practical delivery of the services requested by clients, at rates comparing favorably with those charged by more traditional law firms.
About Morse, Barnes-Brown & Pendleton
Morse, Barnes-Brown & Pendleton (MBBP) focuses exclusively on the core legal services that businesses need to succeed. They are built on a unique business model that provides their clients with access to highly experienced counsel in areas of corporate and securities law; patent, licensing and intellectual property; employment and immigration; and taxation. While they enjoy a reputation for special competency in technology ventures, they represent clients of all sizes and industries. They represent start-ups, emerging growth, established and Fortune 1000. Their veteran partners are recognized experts, many of whom write, teach and lecture in their areas of practice. Many of their attorneys have served as in-house counsel. Their unusually high partner-associate ratio yields an average experience level far exceeding that of most leading law firms.