News & Analysis as of May 28, 2025

Data Breach

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Adversarial Machine Learning in Focus: Novel Risks, Straightforward Legal Approaches

Ropes & Gray LLP on 5/6/2025

The Artificial Intelligence and Machine Learning (“AI/ML”) risk environment is in flux. One reason is that regulators are shifting from AI safety to AI innovation approaches, as a recent DataPhiles post examined. Another is...more

[Hybrid Event] Due Diligence Decoded: M&A Success in FDA-Regulated Industries - September 20th, Boston, MA

Gardner Law on 8/20/2024

Join Gardner Law for a half-day CLE event in person at Loft on Two in Boston, MA or attend virtually. Industry experts will decode the intricacies of regulatory scrutiny and strategic decision-making in acquisitions. Gain...more

[Event] FCPA & Anti-Corruption for the Life Sciences Industry - May 9th - 10th, New York, NY

American Conference Institute (ACI) on 3/13/2024

Hosted by the American Conference Institute, the 19th Annual FCPA & Anti-Corruption Conference for the Life Sciences Industry returns for another exciting year with carefully researched programming based on critical findings...more

EU Cyber Legislation Puts Emphasis on Board Responsibility

Mayer Brown on 3/8/2024

What is a Management Body? Under both DORA and NIS2, a management body can be a body with managerial and/or supervisory functions. The powers and structure of management bodies vary within the EU Member State, and managerial...more

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

Ankura on 4/27/2023

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

[Hybrid Event] Navigating the M&A Waters of FDA-Regulated Companies - May 18th, Spring Park, MN

Gardner Law on 4/24/2023

Join Gardner Law and colleagues live from Lord Fletcher's on Lake Minnetonka, Minnesota for a complimentary CLE event. Hear from a panel of experts on compliance, data breaches, FDA regulations, privacy, and more....more

New York Sends Clear Message Crypto Exchanges and Banks Must Meet AML Obligations

Harris Beach Murtha PLLC on 1/10/2023

New York’s Department of Financial Services (“DFS”) recently announced a $100 million settlement with Coinbase, Inc., one of the world’s largest cryptocurrency exchanges, for Bank Secrecy Act/Anti-Money Laundering (“BSA/AML”)...more

How Not to Make a Deal: 5 Key Cybersecurity Concerns in M&A

Bradley Arant Boult Cummings LLP on 7/14/2022

Cyber risks are increasing, and as a result, due diligence inquiries and valuations are increasingly focusing on the cybersecurity and privacy risks inherent in a business’s collection, use, retention and disposal of data. ...more

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

Patterson Belknap Webb & Tyler LLP on 6/10/2022

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

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

Ankura on 4/28/2022

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

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

Goodwin on 12/7/2021

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

FBI: More Awareness, Due Diligence Needed To Fight China in New ‘Space Race’ for Data

Health Care Compliance Association (HCCA) on 10/15/2021

Report on Patient Privacy 21, no. 10 (October, 2021) - Conducting a risk analysis is a basic tenet of security compliance, with the overarching goal of understanding where protected health information (PHI) “lives” in an...more

Supervision of Vendors When Outsourcing - The Buck Stops with FINRA Member Firms

BCLP on 8/18/2021

Key Takeaways: ..On August 13, 2021, FINRA issued Regulatory Notice 21-29 (“RN 21-29”) to remind member firms that they must establish and maintain an adequate supervisory system, including written supervisory procedures...more

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

Proskauer on Privacy on 12/22/2020

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

[Virtual Event] 2021 Regional Healthcare Compliance Conference - Charlotte, NC - January 15th, 8:25 am - 5:30 pm EST

Health Care Compliance Association (HCCA) on 12/7/2020

Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more

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

Blake, Cassels & Graydon LLP on 10/13/2020

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

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

Blake, Cassels & Graydon LLP on 10/12/2020

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

Cybersecurity and Legal Due Diligence Considerations in M&A Transactions

White and Williams LLP on 7/26/2019

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

Announced GDPR Fine Against Marriott Raises Reporting and Coverage Implications

White and Williams LLP on 7/16/2019

Last week on July 9, 2019, the United Kingdom’s Information Commission Office (ICO) announced its intention to fine Marriott International £99.3 million (about $124 million), or 2.5% of Marriott’s worldwide annual revenue, in...more

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

Fox Rothschild LLP on 7/10/2019

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

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

Williams Mullen on 3/22/2019

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

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

Saul Ewing LLP on 1/21/2019

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

OnRisk: Insurance for Cyber Risk in M&A Transactions - A HUB Talks Podcast

K&L Gates LLP on 11/2/2018

Cyber due diligence is quickly becoming the “new normal” for buyers in M&A transactions as they seek to protect themselves against cyber risk. Cyber due diligence, however, is only part of the solution. Many sophisticated...more

Understanding cyber insurance risks of target companies

Bradley Arant Boult Cummings LLP on 1/29/2018

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

Cyber Risk a Modern Concern for M&A Dealmakers

Latham & Watkins LLP on 10/23/2017

Amid a growing number of high-profile corporate data breaches, cybersecurity is now a key issue for strategic acquirers. Thehack of Yahoo, which came to light midway through its 2016 takeover by Verizon, resulted in a US$350...more

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