Digital Solutions for Private Equity

Womble Bond Dickinson’s Digital Solutions team brings transactional strength and regulatory insight into legal matters at the intersection of private equity and digital transformation. Rather than treating issues separately, we consider digital risk and opportunity across technology platforms, data and cybersecurity, artificial intelligence, customer-facing digital practices, and related regulatory frameworks. Our approach reflects years of experience partnering with private equity sponsors and their portfolio companies across industries, including aerospace and defense, financial services, healthcare, retail, life sciences, manufacturing, and technology.
 
Clients typically engage us across four integrated service areas:

• Technology transactions
• Privacy and cybersecurity compliance
• Intellectual property strategy
• Litigation and regulatory enforcement

Clients can engage us for a specific need or across multiple workstreams. In either case, our advice is aligned, practical, and grounded in their broader investment strategy.

Our integrated approach reflects how private equity operates in practice. We align our work with each stage of the investment lifecycle, helping clients manage risk while unlocking value across both domestic and cross border investments.

Pre-Acquisition and Due Diligence
We identify digital- and technology-related risks that may not be immediately visible: cybersecurity vulnerabilities, data privacy gaps, intellectual property concerns, potential for regulatory scrutiny, and third-party exposure. This gives investors clearer insight into pricing, deal structure, and post-closing remediation or improvement priorities.

Deal Structuring and Execution
Digital considerations increasingly shape how transactions are structured. We advise on technology contracts, data rights, intellectual property strategy, and cross border data issues, ensuring that transaction documents reflect both the risks and the value embedded in digital assets.

Portfolio Company Value Creation
After closing, digital strategy often becomes central to growth and value. We work with portfolio companies to implement privacy and cybersecurity programs, support technology-enabled commercial initiatives, and establish practical governance frameworks for artificial intelligence and data use. This integrated approach helps companies scale effectively while maintaining disciplined risk management.

Governance and Risk Management
Governance considerations are becoming increasingly important at both the company and sponsor levels. We work with private equity clients and their portfolio companies to structure oversight in a way that supports performance while limiting unnecessary exposure. This includes preparing for potential cyber incidents, engaging with regulators, and aligning governance frameworks with legal protections. Our focus is on helping clients maintain the right balance between active ownership and appropriate separation.

Exit Planning and Execution
Digital readiness has become a key driver of valuation and buyer confidence. We support pre-sale diligence, strengthen intellectual property positions, ensure compliance is well documented, and identify issues early in the process, helping position portfolio companies for smoother transactions and stronger outcomes at exit.

Transactional: Technology agreements, software and cloud arrangements, digital and technology-focused M&A transactions, and data commercialization strategies, including diligence and risk assessment of data, systems, vendor relationships, and platform dependencies

Compliance: Global privacy programs, cybersecurity planning, artificial intelligence governance, and industry specific regulatory guidance

Litigation and Enforcement: Defense in data breach matters, privacy litigation, regulatory investigations, and technology related disputes.

Intellectual Property: Patent strategy, trademark protection, data licensing, and intellectual property diligence.

Courts and regulators are paying closer attention to how private equity firms influence their portfolio companies, particularly around technology decision-making, cost management, and governance. The broader takeaway is that digital issues have shifted from operational concerns to investment risks that can extend to the sponsor level. To help clients respond to this evolving environment, we bring together lawyers across key disciplines and geographies to provide coordinated, practical advice.

What This Means for Our Private Equity Clients

Our integrated approach helps private equity clients:

• Understand and evaluate digital risk more effectively
• Execute transactions with greater clarity and confidence
• Drive operational improvements within portfolio companies
• Manage exposure at both the company and sponsor level
• Position portfolio companies to enhance value across the lifecycle, including at exit

Delivering Value in a Changing Market

Digital transformation is no longer a future consideration. It is a present reality shaping every stage of the investment lifecycle. Private equity firms that approach digital issues strategically will be better positioned to protect value, drive growth, and succeed in an increasingly complex market. We are ready to support that effort with integrated capabilities aligned to how private equity operates today.