Merger and Acquisition Due Diligence: Incorporating Privacy, Security, eDiscovery, and Information Governance into Due Diligence

Modern M&A practices are just now beginning to catch-up to new technologies by including data privacy (“DP”), information security (“IS”), e-Discovery, and information governance (“IG”) concerns as discrete issues within the traditional due diligence paradigm.

Extract from article by James A. Sherer, Taylor M. Hoffman, and Eugenio E. Ortiz

Merger and Acquisition or “M&A” deals are both figuratively and literally big business, where the stakes for the organization are often the highest. While casual observers might expect that the importance attached to these deals makes each new deal the vanguard for incorporating metrics and practices regarding every efficiency and contingency, existing research demonstrates that this is decidedly not the case. Instead, modern M&A practices are just now beginning to catch-up to new technologies by including data privacy (“DP”), information security (“IS”), e-Discovery, and information governance (“IG”) concerns as discrete issues within the traditional due diligence paradigm. Research further demonstrates that while parties may gain efficiencies in addressing each of these issues individually. there may be additional benefits from addressing them together—in addition to related or ancillary tax, financial accounting, and intellectual property deal considerations.

Merger and Acquisition Due Diligence- A Proposed Framework to Inc


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