Technology. 23 and You

AuthorRichard Acello
Pages22-24
TECHNOLOGY
23 and You
The new frontier of health care is
here, but will DNA privacy be lost?
BY RICHARD ACELLO
In February, 23andMe, a compa-
ny best known for its genealogy
testing kits, announced plans to
go public through a novel merger
funding mechanism called a SPAC, or
special purpose acquisition corp.
The merger is with VG Acquisition
Corp., a Richard Branson-backed
company, and Branson is pouring $25
million into the merger, as is 23andMe
co-founder Anne Wojcicki. Once
the merger is complete, the merged
23andMe is expected to have an esti-
mated valuation of around $3.5 billion.
At that point, 23andMe will be well-
equipped to venture beyond genealogy
kits and into the new frontier of per-
sonalized health care, using a patient’s
DNA as the basis for therapeutics or
preventive medicine. It won’t be alone.
In December, rival Ancestry.com was
acquired in a $4.7 billion deal by pri-
vate equity  rm Blackstone Group Inc.
Ancestry CEO Margo Georgiadis said
in a press release that the deal would
allow the company to bring to life “our
long-term vision of personalized pre-
ventive health.”
Advocates are concerned about the
privacy of data collected by genetic test-
ing companies; what control consumers
have over their DNA data once it’s
been submitted to 23andMe and other
genetic testing  rms; and what recourse
consumers have if companies’ assuranc-
es of privacy prove unreliable.
“Data is the new oil,” says Catherine
Arcabascio, a professor at Nova South-
eastern University’s Shepard Broad Col-
lege of Law in Fort Lauderdale, Florida.
“I don’t know of any other information
that one would hold so dear as their
genetic code.”
Big Pharma wants to get its hands
on some of this data. GlaxoSmithKline
took a $300 million equity stake in
23andMe in 2018 to “focus on research
and development of innovative new
medicines and potential cures, using hu-
man genetics as the basis for discovery.
“The question is one of consent,
and the problem is consumers are not
likely reading every detail of the terms
of service,” Arcabascio says. “They’re
treating DNA the same as a toaster
oven. You have the terms of service, and
you’re just clicking through.” She says it
is dif cult to ascertain what the privacy
Business of Law | TECHNOLOGY
access now to a CFO they may not have
been able to afford in the past. Several
agencies provide virtual CFOs who can
work for several  rms simultaneously.
Through a virtual CFO agency, Dolan’s
rm was able to afford a  nancial
strategist, whom he says the  rm would
have never otherwise been able to af-
ford to hire full time.
Before hiring anyone, law  rms
should consider their cash  ow rather
than the number of attorneys they have,
suggests Keoki Wallace, the CEO of
business consultancy It’s More Than
Just Numbers. If most of the law  rm’s
business comes from  at fees or from
standard monthly billings that are paid
within a speci ed amount of time,
then all they need is a good controller,
Wallace says. Where a CFO could make
a difference is when there are large
discrepancies between months or when
cases go over an extended period, such
as when there is an upfront payment
and then no next payment until many
months or even years later.
“I have had many talented control-
lers work for me over the years who
could easily do everything even a large
law  rm with stable cash  ow needs,”
Wallace says.
Before selecting a  nance profes-
sional, Reilly advises looking for
someone who can go beyond debits
and credits. Reilly says the CFO chosen
needs to be an entrepreneur: He or she
should understand the business, com-
prehend how clients are acquired, how
clients are serviced and how revenue is
generated (which requires some under-
standing of the law). Other soft skills
are important, such as the ability to
communicate with peers and partners
and  t in with the overall dynamic of
the  rm, Reilly says.
If you don’t have a CFO, expect to
dedicate a signi cant amount of time to
dealing with your  rm’s  nances, says
David Sanders, who owns his Houston-
based solo  rm but says he doesn’t have
the luxury of hiring a CFO. Sanders
blocks off the majority of the day once
a week to manage his  nancial affairs.
He estimates this accounts for about 25
hours per month. Time well spent? QContinued on page 24
Illustration by Sara Wadford/ABA Journal
ABA JOURNAL | JUNE–JULY 2021
22
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