Focus on Cybersecurity in M&As Grows, With AI Companies Driving Activity
A MoFo survey found a growing awareness of cybersecurity due diligence as more companies look to acquire or merge with data-heavy targets.
October 23, 2017 at 08:00 AM
8 minute read
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The 2016 revelation that Yahoo suffered a breach affecting 500 user million accounts was a wake up call for merger and acquisitions (M&A) professionals everywhere. The company, after all, disclosed the incident just as a deal was pending for its acquisition by Verizon.
While the acquisition ultimately went through, the breach still led to resignation of Yahoo's then-general counsel Ron Bell. In October 2017, Verizon disclosed that as many as three billion Yahoo accounts were also affected by an August 2013 incident as well.
For M&A professionals, the risks of not thoroughly investigating a target company's cybersecurity health are clear. And, according to a recent survey, most practitioners are paying heed to the warnings.
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Who Got The Work
Charles A. Weiss of Holland & Knight has entered an appearance for Rafael Badalov in a pending trademark infringement lawsuit. The suit, filed July 26 in New York Eastern District Court by Lee Law on behalf of Otter Products LLC, accuses the defendant of selling counterfeit phone cases and accessories bearing the plaintiff's 'OtterBox' trademark. The case, assigned to U.S. District Judge Nina R. Morrison, is 1:24-cv-05214, Otter Products, LLC v. Badalov et al.
Who Got The Work
Gibson, Dunn & Crutcher partners Benjamin Hershkowitz, Richard W. Mark and Casey J. McCracken and R. Scott Johnson, Thomas M. Patton and Cara S. Donels have entered appearances for Berkshire Hathaway Energy Co. and MidAmerican Energy Co., respectively, in a pending patent infringement lawsuit. The case, filed July 17 in Iowa Southern District Court by Nyemaster Goode PC and Caldwell Cassady & Curry on behalf of Midwest Energy Emissions Corp., asserts six patents related to sorbents for the oxidation and removal of mercury. The case, assigned to U.S. District Judge Stephen H. Locher, is 4:24-cv-00243, Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al.
Who Got The Work
Michael J. Hickey and Michael L. Jente of Lewis Rice LLC have stepped in to represent Tidal Wave Management in a pending trademark infringement lawsuit. The case, filed July 18 in Missouri Western District Court by Husch Blackwell on behalf of Waterway Gas & Wash Co., accuses the defendant of using a mark that's confusingly similar to the plaintiff's 'Clean Car Club' mark. The case, assigned to U.S. District Judge Fernando J. Gaitan Jr., is 4:24-cv-00471, Waterway Gas & Wash Company v. Tidal Wave Management LLC.
Who Got The Work
Wachtell, Lipton, Rosen & Katz partners Lauren M. Kofke and William Savitt have stepped in to represent CVS Health and and its top officials in a pending shareholder derivative lawsuit. The complaint, filed Aug. 30 in New York Southern District Court by the Brown Law Firm on behalf of Chaya Sara Kaufmann, accuses the defendants of failing to disclose that they used misleading forecasts to set premium plans which overstated the profitability of the company's health care benefits segment. The case, assigned to U.S. District Judge Margaret M. Garnett, is 1:24-cv-06595, Kaufmann v. Lynch et al.
Who Got The Work
Robert L. Wallan from Pillsbury Winthrop Shaw Pittman has entered an appearance for Findlay Management Group in a pending complaint for declaratory judgment. The complaint, filed on Aug. 8 in Nevada District Court by Gordon Rees Scully Mansukhani and Skarzynski Marick & Black on behalf of Houston Casualty Co., seeks to declare that no insurance policy exists between Houston Casualty and Findlay due to there not being an adequate form of delivery and claims that if delivery was substantiated it is rescinded based on material omissions and misrepresentations. The case, assigned to U.S. District Judge Gloria M. Navarro, is 2:24-cv-01459, Houston Casualty Company v. Findlay Management Group.
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