Commercial and Transactional Guidance

Our cybersecurity and privacy attorneys provide guidance on day-to-day commercial issues to help our clients identify and mitigate unique cybersecurity and privacy risks. Our work in this area includes:

  • Drafting and negotiating agreements with a strong focus on cybersecurity and privacy issues, such as IT and technology agreements, data sharing arrangements, cloud service arrangements, software-as-a-service (SAAS) agreements, service level agreements, and more;
  • Evaluating risks associated with existing agreements and, where appropriate, drafting amendments to address critical issues;
  • Advising on cybersecurity and privacy issues in connection with product and service development; and
  • Working with clients to extend “privacy by design” principles into their vendor relationships, helping to limit unnecessary data access and transfers to reduce overall risk.

In the M&A context, we work with clients – whether acquiring or being acquired – to identify data risks associated with proposed transactions. This includes:

  • Performing informed due diligence on data and security issues;
  • Handling transitions of customer data;
  • Drafting appropriate representations and warranties and post-closing indemnification terms; and
  • Assisting with insurance matters.