Customer information has become an increasingly valuable business asset.  And, the volume and detail of other available information about consumers has increased along with it, well beyond mere customer names and addresses to preferences, purchasing history, and online activity.  This means that when a business is sold, customer information is often sold along with it.  But careful diligence is required in handling this intangible asset, and the recent settlement in the RadioShack bankruptcy case is instructive.

Introduction

In the recent case of Re LDK Solar Co Ltd,⁽¹⁾Justice Lam considered the approach that the court should take in deciding whether to invoke its jurisdiction to approve an arrangement or compromise between a foreign company and its creditors or members.