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Transferring Personally Identifiable Information in Bankruptcy M&A

With data privacy issues constantly in the news, what do businesses need to know about handling personal information when they’re considering bankruptcy, especially if some personal information – like customer records – may be a valuable asset?

Global, USA, Insolvency & Restructuring, IT & Data Protection, Weil Gotshal & Manges LLP, Personal data, Title 11 of the US Code, GDPR, California Consumer Privacy Act 2018 (USA)
Transferring Personally Identifiable Information in Bankruptcy M&A

With data privacy issues constantly in the news, what do businesses need to know about handling personal information when they’re considering bankruptcy, especially if some personal information – like customer records – may be a valuable asset?

USA, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Weil Gotshal & Manges LLP, Personal data, Federal Trade Commission (USA), Title 11 of the US Code
SDNY Distinguishes Supreme Court, Holds Tribune Company’s Leveraged Buyout Falls Within Section 546(e) Safe Harbor Provision

The District Court for the Southern District of New York has ruled that a trustee could not amend a complaint to add federal constructive fraudulent transfer claims because those claims were preempted by the safe harbor provision of the Bankruptcy Code.[1]  The District Court found, under a plain language reading of the safe harbor provision, 11 U.S.C.

USA, New York, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Title 11 of the US Code, Second Circuit