Foley Partner Andrew Serwin and Associate Tyler Parramore authored an article that appeared in the October/November 2011 issue of Executive Counsel titled “Mergers, Acquisitions and Buyer’s Liability in the Information Age.” The authors discuss privacy liability issues that can arise following an acquisition and how buyers can deter “successor liability” for violations of federal privacy laws previously committed by a recently acquired subsidiary. They state that buyers can help to prevent liability for pre-acquisition conduct if they promptly implement a compliance program to discover potential privacy violations, as well as cooperate with government investigations to disclose any discovered infringements.
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