Across the hundreds of M&A transactions that Kaye Scholer has worked on in recent years, we and our clients have together explored and analyzed a relatively consistent set of diligence concerns. Increasingly, however, a new subject is beginning to interest dealmakers: the underlying technologies at each acquisition candidate and their related obligations and risk implications. This report, The Legal Impact of Technology on M&A, explores this important and still-evolving area of interest.
Technology today is ubiquitous, regardless of the industry. Digital information drives decision making, efficiency and profitability in all businesses and across all sectors, including those that are not typically thought of as high-tech. As a result, the indispensable benefits of employing this technology can also create significant obligations and potential risks. Technology has the potential to either drive or undermine corporate value and in any event must be properly analyzed and understood.
To address these concerns, Kaye Scholer has assembled active practitioners from across its leading Corporate, Cybersecurity and IP practices to highlight the right questions to ask when evaluating deals in the Digital Age. Key areas of consideration during the life cycle of a transaction include: assessing the risk profile of all cyber assets; understanding the data that is shared through transition service agreements; allocating ownership and licensing rights; structuring data security representations and warranties; and using social media to share deal news.
We hope this report provides insight into the increasing role technology plays in the dynamic M&A market place.
Please click here to read the report.