A good friend recently shared with me the article Verizon GC on the Lessons Learned from Deal with Yahoo (use Linkedin for paywall access) because he thought it would be valuable information to add to my own cybersecurity knowledge toolbox. Given the experience Verizon’s GC has gained through this process, when he talks about lessons learned, we should all pay attention.

Here are the 5 key takeaways to keep in mind for mergers and acquisitions such as this one:

  1. Have a strategy on how to handle the news of data breaches.
  2. Analyze how a data breach impacts the original goals of the deal and how it will impact investors.
  3. Be very disciplined in messaging, ensuring that all public statements, to all audiences, are a variation of the same core messages.
  4. Know what the parties’ agreement says about data breaches which, necessarily, requires that the agreement address the issue of data breaches.
  5. While due diligence around data breaches may be important, it is more important to have reps and warranties around data breaches because it is unreasonable to expect due diligence to find what the company itself hasn’t found.

Yahoo security lapses laid bare even as Russia blamed for hack

 

Published by Shawn E. Tuma

Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.

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