This post is a follow-up to January’s cybersecurity post discussing the cybersecurity considerations in performing due diligence in M&A transactions. The previous discussion can be found here. This post addresses two contractual provisions, the closing conditions and indemnification, which, if properly utilized, can protect acquiring companies from taking on too much cybersecurity risk in M&A transactions.
In today’s M&A transactions, cybersecurity deficiencies in a target company pose potentially significant financial and regulatory risks to the acquiring company. For this reason, new measures must be implemented in M&A transactions to protect both companies from today’s emerging cybersecurity epidemic.
- Cybersecurity and Privacy Law
- Cybersecurity Regulation
- Cyber Insurance
- Privacy Laws
- Data Breach
- Class Action Litigation
- General Data Protection Regulation
- Mergers & Acquisitions
- Incident Response Plan
- Information Governance
- Corporate Law
- Federal Trade Commission
- Seventh Circuit
- Department of Justice
- Can’t We All Get Along in the Cyber Sandbox?
- California's New Privacy Law is Coming - Are You Ready?
- Gearing up for National Cybersecurity Awareness Month: KMK Hosts Third Annual Cybersecurity & Privacy Seminar
- Ohio Data Protection Act - Safe Harbor for Businesses in Ohio
- Ohio’s Data Protection Act: What You Need to Know
- September 2018 Was a Busy Month for Data Privacy
- GDPR - 90 Days Later
- GDPR: What We're Learned So Far and What to Expect
- GDPR: Less Than 100 Day and Counting to "G-Day" - Here's What You Need to Know
- SEC Issues Guidance on Cybersecurity Disclosures