BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month November 18, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Commercial Law
  • schedule 90 minutes

Data Privacy and Cybersecurity Risks in M&A Deals: Pre-Planning, Due Diligence, and Risk Allocation Strategies

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MSRP
$347.00
$294.95
Save $52.05

Discount expires 11/3/25

This course is $0 with these passes:

CLE
ALL
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Description

Data security breaches are at an all-time high, and the data privacy legal landscape is changing rapidly with new and expanded data protection laws at the state, federal, and international levels. At the same time, data is often among the most valuable assets of a target company. For these reasons, data privacy and cybersecurity planning in M&A transactions is more crucial than ever.

Counsel for buyers should evaluate and prioritize data privacy and cybersecurity risks throughout the life cycle of a deal, beginning with the assessment of a potential target, through the contract drafting stage, and when closing the deal.

Examining a target's data assets and identifying privacy and cybersecurity vulnerabilities are essential to identifying showstoppers, executing a deal, including implementing risk mitigation measures, and planning for successful data integration post-acquisition.

When negotiating and drafting the transaction documents, counsel for both parties should ensure that any data transfer or sharing in connection with the transaction is compliant with privacy laws and that the relevant reps and warranties provisions and related indemnities or other recourse are tailored to the target's data privacy and cybersecurity risks.

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

Presented By

Alan Brill
Adjunct Professor
Texas A&M University School of Law

Mr. Brill is a well-known expert in cybersecurity and computer forensics and is the author or co-author of many books and articles. His work in this field spans four decades. He was the founder of Kroll’s cyber practice and has worked on cyber issues in both the public and private sectors. He formerly served as a Director in the New York City Department of Investigation, a Major in the US Army, and he worked at the NASA Manned Spacecraft Center in Houston on the Apollo moon landing project. He is also an Adjunct Professor at the Texas A&M University School of Law and teaches for the NATO Center of Excellence—Defense Against Terrorism in Ankara, Turkey.

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Daniel Ilan
Partner, Intellectual Property Group Leader
Cleary Gottlieb Steen & Hamilton LLP

Mr. Ilan’s practice focuses on intellectual property law, as well as cybersecurity and privacy. He has significant experience in representing leading multinational corporations and private equity firms in IP, technology and privacy issues arising in transactional contexts, particularly transactions involving acquisition of or investment in IP, data and various technologies. Mr. Ilan is a frequent author and speaker on IP and cybersecurity topics and has worked extensively on IP in bankruptcy matters.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, November 18, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Key issues to look for in the diligence process, taking into account the risks associated with the target

II. Transaction-related data transfers

III. Allocating data privacy and cybersecurity risks when drafting and negotiating transaction documents

A. Representations and warranties

B. Indemnity provisions

C. Insurance

D. Other contractual measures that can be used to mitigate privacy and cybersecurity risks

IV. Risks associated with post-closing integration of data and systems.

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?
  • How can transaction documents allocate risk through reps and warranties and indemnity provisions or other risk mitigation terms?
  • How should transaction-related data transfers (whether pre-signing, pre-closing, or post-closing) be tailored to comply with privacy laws?