Although questionnaire-based due diligence has its place in mergers and acquisitions, this traditional approach may overlook important risks associated with a target company’s privacy and security practices. In-house and outside counsel examined the shortcomings of the traditional approach and explained how companies can fine-tune their due diligence to focus on the most relevant risks at a recent Davis Wright Tremaine seminar. This article synthesizes their insights. See “How to Conduct Effective Privacy and Data Security Diligence to Assure Value Realization in Mergers, Acquisitions and Divestitures
” (Oct. 27, 2021); and “Privacy and Cyber Due Diligence in M&A Transactions
” (Mar. 11, 2020).