By: Rebecca L. Rakoski, Esquire
Patrick D. Isbill, Esquire
When it comes to the intersection of law, business, and technology, the legal cannabis industry is arguably at the center of all three. Relying heavily on creative, innovative technology to distinguish itself while continually analyzing profitability forecasts to take advantage of new business opportunities and having to monitor at the same time the changing data privacy regulatory landscape, it can all seem rather daunting when added up. Securing trade secrets and overseeing reputational management related to cybersecurity and data protection are some of the challenges rooted at the forefront of this industry, especially after last year’s stunning pace of mergers and acquisitions. Increasing consolidation of fragmented segments of the cannabis industry is foreshadowing a strategic, long-term business approach to achieving higher profits and revenue, leaning on market advantages such as relatively favorable interest costs for now and lower valuations.
Data security and past cyber events play a significant role in these transactions, as do regulatory compliance and data privacy laws. One of the primary, if not foremost, objectives of any deal involving a merger or acquisition is of course valuation. Poor cybersecurity practices, lack of a comprehensive security and data protection program, and digitally unsecured proprietary assets on the part of the target company could spell unforeseen financial, not to mention legal liability, headaches for the acquiring organization.
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Partially reprinted with permission from the April 11, 2022, issue of the National Cannabis Industry Association. Further duplication without permission is prohibited.
This article does not constitute legal advice or create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.