Fiduciary duties typically require one to act in the best interests of their beneficiary, even if those interests may conflict with their own. This can present issues when part of the consideration for an acquisition is contingent on the future performance of the target, otherwise known as an “earn out.” If the buyer completely controls…
Author: Tyler Miller
The SEC, Cybersecurity, and Voya
Introduction According to Javelin Strategy & Research, in 2017, there were 16.7 million victims of identity fraud and $16.8 billion was stolen.1 Even more shockingly, “30 percent of U.S. consumers were notified of a data breach last year.”2 With another large company being hacked seemingly every week,3 the SEC is feeling the pressure to do…