With the implementation of the European Union’s General Data Protection Regulation (GDPR) on May 25, thousands of companies doing business in the EU are now confronting onerous new compliance obligations and a heightened awareness of data privacy and security law issues. In the transactional sphere, data protection considerations are taking an increasingly prominent role in M&A deals as counterparties evaluate each other’s compliance posture to assess potential financial and reputational risks. These developments have had a disproportionate impact in the M&A context, where previously data protection concerns have taken a back seat to other legal considerations.
In this presentation, BakerHostetler partner Melinda McLellan and associate Seth Engel will address key privacy and data security law issues that impact M&A transactions, from diligence to closing.
Melinda McLellan is a seasoned privacy and cybersecurity law advisor whose practice focuses on the regulation of emerging technologies, compliance with evolving U.S. state and federal privacy legislation, and cross-border data protection matters. As co-leader of the firm’s EU General Data Protection Regulation (GDPR) initiative, Melinda works with multinational clients to identify, evaluate, and manage the myriad of compliance obligations associated with corporate privacy and information security practices. Her broader practice includes advising on a wide variety of privacy and data security issues, including the use of biometrics, securing the Internet of Things, implementation of blockchain technologies, cybersecurity threats to the financial services and energy sectors, autonomous vehicles, genetic privacy, artificial intelligence, Big Data, information security incident response, and negotiating complex tech transactions.
Seth advises clients on cross border transactions, U.S. securities offerings and international dispute resolution. Having practiced in both France and New York, he works hand in hand with public and private companies in Asia, Europe and the United States to advise on strategic transactions and disputes, including advising boards of directors and special committees. He also represents clients in international arbitrations.
Seth previously taught at the Sorbonne in Paris and acted as Assistant Counsel in multiple pre-trial cases at the International Criminal Court in The Hague. He is admitted to the bar in New York and Paris. He attended Georgetown University Law Center and has a Master’s degree from the Sorbonne and from the Institut de Sciences Politiques de Paris.
Loved the pace of the discussion which enabled coverage of a lot of material over a short period and kept me focused. I might have benefitted from a little more discussion of risks for sellers in failing to adequately disclose issues and whether they are seeing this as an enumerated "Statutory Representation" in current M&A agreements.
solid, informative, clear and to the point
This was one of the best programs I have watched. I have been working for some years with entrepreneurs in the Chicago area, and am tolerably familiar with both M&A and GDPR. My concern is educating small businesses which will quickly grow into companies deeply involved in both. I wonder if the presenters have any thoughts they could share about prepping pre money clients.
Excellent detail with GDPR compliance - definitely got the point across.
Very timely topic
Really good discussion of the issues and good presentation slides
Excellent practical coverage of the topic.
Great interaction between these two presenters. Much learned about the importance of GDPR
Instructive, informative and fulsome presentation.
Very, very informative and presented with great attention to detail.
very good class
Ms. McLellan is an impressive attorney.
Presenters were excellent!
So good that i will listen to it again
I like the two presenter approach especially like this where there is some back and forth. Very good materials were also included.
Very good presentation.
Easier to understand GDPR!
lively presentation. Could have been dry but it popped. Nicely done.
very well researched and presented