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September 21, 2017

Make Data Due Diligence a Priority in Merger & Acquisitions

By David F. Katz

Association of Corporate Counsel Georgia

Reprinted with permission from the Association of Corporate Counsel Georgia newsletter 

Due diligence in the context of mergers and acquisitions can be compared to a Sherlock Holmes style exercise. Through careful analysis and the gathering of fractured pieces and bits of information one can form a colorful mosaic that ultimately reveals the landscape that will define the core risk issues in the transaction.

The birth of big data, internet of things, ubiquitous data collection and monetization of data places privacy and data security toward the top of the due diligence list. Consumer data, employee data and intellectual property are valuable corporate assets, and failure to maintain strong controls around the protection of data can create potential exposures that could have bearing on the value of the company.