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Data Breach Due Diligence Today's Popular Updates

Fisher Phillips

New SEC Cybersecurity Compliance Deadlines are Coming: What 5 Things Should Covered Institutions Do to Prepare?

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The SEC’s amended Regulation S-P, adopted last year, will soon enhance data privacy protections for broker-dealers, investment companies, registered investment advisors, and transfer agents. The updated rule requires these...more

Ankura

How Cybersecurity Protects Valuation: Considerations for Private Equity in the Deal Lifecycle

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Cybersecurity risk applies to businesses of all sizes and across all industries – it is a risk that cannot be ignored. In particular, cybersecurity risk can no longer be ignored in the deal lifecycle...more

Patterson Belknap Webb & Tyler LLP

Analysis of the Fourth Circuit’s Opinion in In re Marriott International, Inc.

On April 21, 2022, the United States Court of Appeals for the Fourth Circuit affirmed the dismissal by the United States District Court for the District of Maryland of allegations that Marriott International had violated...more

Ankura

Cyber and Data Privacy Risks Every Investor Should Know During a Deal

Ankura on

22 Global dealmaking had a historic year in 2021 and is expected to continue its hot streak into 2022. Global M&A volume for 2021 hit $5.8 trillion, up 64% from the previous year, with over 60,000+ deals. Beyond the...more

Goodwin

DOJ Announces New Initiative to Use False Claims Act to Enforce Compliance with Data Privacy and Security Laws and Contract...

Goodwin on

The Department of Justice recently announced the launch of its new Civil Cyber-Fraud Initiative (the “Initiative”) which intends to use the False Claims Act to pursue “cybersecurity-related fraud by government contractors and...more

Proskauer on Privacy

SolarWinds Vendor Supply Chain Attack: A Timely Reason to Review Procedures for Risk Assessments and Vendor Contracts

Proskauer on Privacy on

As reported last week, a state-sponsored hacker may have breached multiple U.S. government networks through a widely-used software product offered by SolarWinds. The compromised product, known as Orion, helps organizations...more

Blake, Cassels & Graydon LLP

Cybersécurité et F&A : la vérification diligente en temps de pandémie

Au cours des dernières années, nous avons constaté qu’un bon nombre d’opérations de fusion et acquisition (« F&A ») ont mis un accent de plus en plus important sur la vérification diligente en matière de cybersécurité. C’est...more

Blake, Cassels & Graydon LLP

Cybersecurity Due Diligence in M&A Transactions During COVID-19

In recent years, we have seen an increased focus on cybersecurity due diligence in many mergers and acquisitions (M&A) transactions. This directly relates to most organizations being heavily dependant on digital assets to...more

White and Williams LLP

Cybersecurity and Legal Due Diligence Considerations in M&A Transactions

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When prospective buyers conduct legal due diligence in merger and acquisition transactions the main focus is typically on the traditional items, such as financials, debt instruments, major contracts and other key metrics...more

Fox Rothschild LLP

Why Every M&A Deal Should Include Data Privacy Due Diligence

Fox Rothschild LLP on

Milk, meat, fruits, breads … and data protection. These are the new food groups for your M&A deal. Just 24 hours after the notice of intent to fine British Airways 183 Million GBP, the UK ICO issued an intent to fine...more

Williams Mullen

Due Diligence of Corporate Data Assets In M&A Transactions: Data Protection/Privacy

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As data are quickly becoming significant corporate assets, lawyers need to help companies both maximize the value of their data and protect the business against any associated risks. This is particularly true in M&A...more

Saul Ewing LLP

Marriott Breach Highlights Importance of Cybersecurity Due Diligence in M&A Deals

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In 2016, Marriott International announced its acquisition of Starwood Hotels & Resorts Worldwide. Coined by Marriott as a "smooth transaction," the announcement of the acquisition received an overwhelmingly positive response....more

Bradley Arant Boult Cummings LLP

Understanding cyber insurance risks of target companies

Due to the dramatic increase and changing nature of cyber risks, mergers and acquisitions due diligence should expand to address cyber risks, available risk mitigation practices, and available insurance. Acquiring companies...more

Thomas Fox - Compliance Evangelist

Day 17 of One Month to More Effective Continuous Improvement-Financial Health Monitoring

Continuous improvement can take many ways, shapes and forms. Typically, when it comes to third-party risks, a Chief Compliance Officer (CCO) or compliance professional will consider the ownership structure to see if there is...more

Bass, Berry & Sims PLC

Bass, Berry & Sims Releases Securities & Shareholder Litigation 2017: A Look Ahead

Bass, Berry & Sims PLC on

Bass, Berry & Sims PLC announces the release of its annual "Securities & Shareholder Litigation 2017: A Look Ahead," a high-level report that covers recent developments and offers best practices for the year ahead. The newly...more

McNees Wallace & Nurick LLC

Deals and Data: Cybersecurity M&A Due Diligence

Cybersecurity due diligence is quickly becoming part of standard best practices in Merger & Acquisition (“M&A”) deals. Traditionally, the primary goal of due diligence is to investigate the target of a merger or acquisition...more

Cooley LLP

Blog: Cybersecurity Diligence in M&A Transactions: Lessons from Verizon/Yahoo!

Cooley LLP on

Recently, in the midst of an M&A transaction involving Verizon and Yahoo!, news broke of a Yahoo! cybersecurity breach that had occurred approximately two years earlier. This event raised a lot of speculation around what...more

Foley & Lardner LLP

Three Trending Topics in IoT: Privacy, Security, and Fog Computing

Foley & Lardner LLP on

Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the...more

Perkins Coie

Could a Vendor’s Lax Info Security Ruin Your Holiday Sales? Seven Preventative Steps for Retailers

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Many of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation. Several such breaches occurred...more

Perkins Coie

SEC’s Increased Cybersecurity Enforcement and How to Reduce Your Risks

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The SEC announced last week that an investment adviser had agreed to settle charges that it failed to take required steps to protect against and respond effectively to a cybersecurity breach. The action comes on the heels of...more

BakerHostetler

The SEC OCIE Announces Increased Scrutiny of Broker-Dealers’ and Investment Advisers’ Cybersecurity Programs

BakerHostetler on

On September 15, 2015, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) issued a National Exam Program Risk Alert (2015 Risk Alert) to provide broker-dealers and investment...more

Burr & Forman

TN Ethics Opinion Approves Lawyers’ Cloud Storage of Client Data

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Tennessee has joined other states in formally approving lawyers’ cloud-storage of client-confidential data. The Board of Professional Responsibility (“BOPR”) held that lawyers ethically may use cloud storage for...more

Holland & Knight LLP

OMB Issues Guidance on Government Contractors’ Cybersecurity Systems

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The Office of Management and Budget (OMB) released a draft guidance document on Aug. 11, 2015, titled “Improving Cybersecurity Protection in Federal Acquisitions” (the “OMB Guidance”). The OMB Guidance instructs agencies on...more

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