Merger and Acquisition Due Diligence Part II- The Devil in the Details
Sherer, James A., Hoffman, Taylor M., Wallace, Kevin M., Ortiz, Eugenio E. & Satnick, Trevor J.
Abstract
Our prior scholarship examined the legal and technical challenges involved in modern Merger & Acquisition ("M&A") due diligence practices associated with transactions ("Deals"), given recent but steady advances in technology and related increases in sophistication seen in Deal participants-primarily the organizations or assets targeted (the "Targets") as part of the Deal, and the organizations that pursued and/or resulted from the Deal (the "Acquirers"). We then proposed a framework addressing five particular verticals of interest and concern: data privacy ("DP"), information security ("IS"), e-Discovery, information governance ("IG"), and the due diligence and record keeping associated with the Deal itself ("Deal Information") (collectively, the "Framework").