Massumi + Consoli’s Cybersecurity & Data Privacy practice fluidly integrates with the firm’s Private Equity and M&A practices, providing critical strategic insights for transactions where data considerations are material. In addition, our team has significant experience navigating clients through the numerous privacy and security issues that arise in a company’s everyday operations.

Familiar with the important data issues that can emerge in a variety of deal contexts, including M&A, growth equity and financing transactions, restructuring, joint ventures, divestitures, strategic alliances, outsourcing, licensing and other commercial agreements, our Cybersecurity & Data Privacy practice brings a unique cross-section of experience and expertise spanning data, technology and core transaction principles to assess risk across various industries and advise clients on strategies to mitigate that risk.

We are keenly attuned to the fact that the privacy and security of personal data and other sensitive information is paramount for our clients, particularly in businesses and transactions involving consumer-facing technology. For deals in which the value or presence of data is significant, our team helps navigate clients through the issues that are likely to arise, including in relation to risk allocation, ownership, the deployment of new and innovative technologies, the use of alternative and big data, as well as other restrictions and liabilities.

Collaborating with technical diligence providers, we leverage a vast network of resources to deliver comprehensive solutions, including the recommendation of external auditors for penetration testing and technical audits.

Outside of the transactional context, our group provides ongoing counsel on compliance with key privacy laws, including the European Union’s General Data Protection Regulation (GDPR), the U.S. Federal Trade Commission Act and the U.S. Children’s Online Privacy Protection Act (COPPA). We also continually monitor new and changing state privacy laws, from sweeping regulations such as the California Consumer Privacy Act (CCPA) and the Texas Data Privacy and Security Act (TDPSA) to other nuanced codes and rules.

In addition, our group assists clients in crafting agreements and policies with respect to cybersecurity and data security, including information security programs, website privacy policies, incident response plans, business associate agreements and data processing arrangements.

Moreover, the firm provides guidance on emerging intellectual property and privacy issues related to generative artificial intelligence (AI). As the use of generative AI increases, particularly in the software space, it is important for businesses to understand the risks that may arise in the code development process of their portfolio companies and acquisition targets. Our team has a deep understanding of and helps clients navigate these often-hidden risks to ownership and usage rights of model outputs for generative AI models, as well as any open-source software concerns.