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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
Supreme Court’s Merit Management Ruling Highlights Potential Alternative Path to Safe Harbor

Possible application of Section 101(22)(A) to safe harbor’s covered entity requirement raises important questions for future transferee defendants.

Key Points:

• Merit Management raises the possibility that customers of “financial institutions” may qualify for protection under Section 546(e) safe harbor even if they would not otherwise meet Section 546(e)’s covered entity requirement.

• Treating customers of “financial institutions” as covered entities could broaden the scope of safe harbor.

USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Safe harbor (law), Supreme Court of the United States