The New Due Diligence – Privacy and Information Governance Issues in Modern M&A Practice

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This program will present an outline and presentation of the business, regulatory, and legal risks associated with poor Data Privacy, Data Security, E-Discovery, and Information Governance practices in the context of business deals, including:

(a) Data Privacy and related data transfer, anonymization, tokenization, and aggregation concerns;
(b) Data Security and access rights, transfer restrictions, tokenization, and bring your own device (“BYOD”) considerations;
(c) E-Discovery, including Legal Holds, reasonable anticipation of litigation, and deal-related issues; and
(d) Information Governance and associated Policy and Schedule harmonization, “dark and dusty” data, and documents and information of inherent value.

The presenters will also discuss high-level due diligence “best practices” in these areas which address the issues and experiences with appropriate strategic plans to support these practices.  These may include specific costs associated with those plans, vendor and service provider bids for related services, and ways in which practitioners can parse out these services based on client needs and direction.

Educational Objectives:
• What are Data Privacy, Data Security, E-Discovery, and Information Governance?
• Why do they matter in Modern M&A practice – and if they are so important, why didn’t they matter before?
• How do practitioners include those issues as part of traditional or selective M&A due diligence practice?
• When should a practitioner learn versus involve a subject matter expert?  Where might a practitioner find these subject matter experts?
• What pricing and risk models may apply to this type of practice, and how might practitioners “do the math”?

Who would benefit most from attending this program
• Practitioners currently engaged in M&A, Asset Purchase, and Divestiture due diligence who are running into more and more Data Privacy and Security, eDiscovery, and Information Governance questions.  
• Practitioners interested in applying expertise from these areas into a new and growing set of due diligence practices.



Mr. James Sherer is Counsel in the New York Office of BakerHostetler, where he co-chairs the Information Governance practice team and serves as part of the E-Discovery and Management and Privacy and Data Protection groups.  Mr. Sherer’s work focuses on litigation; discovery management processes; enterprise risk management; records and information governance; data privacy, security, and bank secrecy; technology integration issues; and related merger & acquisition diligence.  Prior to joining BakerHostetler, Mr. Sherer worked as an in-house litigator with a Fortune 500 company and previously practiced litigation in New York.  He holds CIPP/US, CIPP/E, and CIPM credentials and is a member of The Sedona Conference© Working Groups One, Six, and Eleven.  He writes and presents on e-discovery, information governance, privacy, and merger & acquisition issues. E-Health, Privacy, and Security Law, Second Edition provides practitioners and professionals with a full exploration of the legal, regulatory, transactional, and ethical issues at the nexus of health and information technology, including e-health, privacy, security, social media, HIPAA, HITECH, and more. It also includes guidance on maximizing technology to cut costs and improve marketing, all while staying compliant and avoiding penalties.


Mr. Taylor Hoffman is the global head of eDiscovery at Swiss Re, a leading wholesale provider of reinsurance, insurance, and other insurance-based forms of risk transfer.  In this role, he oversees all aspects of eDiscovery and related cross-border data transfers, including developing policies and procedures, and managing case work.  His prior positions include Corporate Counsel (Litigation and eDiscovery) at DISH Network, where he implemented an overhaul of DISH’s eDiscovery Process, and Litigation Associate at Covington & Burling LLP.  He is an active member of The Sedona Conference© Working Groups One and Six.  Mr. Hoffman previously clerked for the Honorable Emilio M. Garza of the United States Court of Appeals for the Fifth Circuit.

Mr. Hoffman earned his J.D. from the University of Chicago and his B.A. from Lawrence University.