May 2015

The Legal Impact of Technology on M&A Transactions

Tech and M&AKaye Scholer’s just-released report, The Legal Impact of Technology on M&A Transactions, explores an important and still-emerging area of diligence concern for dealmakers: the underlying technologies at each company and their related obligations.

With digital information driving decision making, efficiency and the bottom line in all businesses and across sectors, including within those that are typically thought of as anything but high tech, maximizing the upside and minimizing the downside of a foundational asset such as technology is vital for successful transactions.

In this report, active practitioners from Kaye Scholer’s leading Corporate, Cybersecurity and IP practices highlight the right questions to ask when doing deals in the digital age. Key areas of consideration during the life cycle of a deal 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. 

» Download the report


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