Global merger and acquisition activity broke records in 2018. And with technology and intellectual property continuing to be central to many of these deals, IP diligence is a critical component in every M&A transaction involving software or other technologies.
For disrupters and technology innovators, novel IP issues frequently surface during IP diligence, often long before courts and lawmakers have resolved ambiguities or gaps in IP laws presented by these technologies. The EU’s 2018 General Data Protection Regulation appears to have been only the first of many paradigm-shifting privacy laws. The California Consumer Privacy Act is next, while data rights and other novel IP issues will continue to impact the IP diligence process.
