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    Cryptocurrencies: practical considerations in insolvencies
    2019-07-25

    In a recent report by INSOL International, only 5% of insolvency practitioners (“IPs”) said that they had a “comprehensive or practical/working or understanding” of crypto-currency.

    So with over 4,000 types of cryptocurrency now available and as payment technology continues to develop, we look at some issues facing IPs, including

      • How to identify cryptocurrency
      • How to categorise it
      • How to take control of it and sell it; and
      • What value does it have

    What are cryptocurrencies?

    Filed under:
    United Kingdom, USA, Banking, Insolvency & Restructuring, Internet & Social Media, IT & Data Protection, Squire Patton Boggs, Blockchain, Bitcoin, Cryptocurrency, NASDAQ, MiFID
    Authors:
    Charles Draper
    Location:
    United Kingdom, USA
    Firm:
    Squire Patton Boggs
    Quel est l’impact de la faillite sur les données personnelles ?
    2019-06-03

    L’affaire Cambridge Analytica aura au moins permis de faire progresser le droit : un tribunal anglais estime que l’administrateur d’une société n’est pas, en règle, coresponsable de traitement avec la société dont il a la charge, et que la liquidation n’y change rien.

    Cambridge Analytica ?

    L’affaire Cambridge Analytica (autrement appelée affaire Facebook) fut, en 2018, un scandale mondial.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Internet & Social Media, IT & Data Protection, Litigation, Ulys
    Authors:
    Etienne Wery , Thierry Léonard
    Location:
    United Kingdom
    Firm:
    Ulys
    Can you insure your data in the cloud?
    2012-10-22

    One of a business’s greatest concerns with data storage and backup is security, that is, how can you make sure your data is safe both internally and externally if using cloud solutions? Many businesses do not use cloud based solutions because of the perceived security risks. 

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, DMH Stallard LLP, Breach of contract, Cloud computing
    Location:
    United Kingdom
    Firm:
    DMH Stallard LLP
    Protecting the customer v depriving the supplier's creditors
    2010-04-09

    In the present fi nancial climate, customers are increasingly asking for business critical software or other assets to be transferred to the customer should the supplier become insolvent, for the legitimate reason that the customer needs security of supply. Two recent Court of Appeal cases remind us that customers who outsource to and contract with potentially vulnerable service providers need to take account of the “anti-deprivation principle” when doing this.

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, Litigation, RPC, Share (finance), Shareholder, Joint venture, Public limited company, Common law, Insolvency Act 1986 (UK)
    Authors:
    Vivien Tyrell
    Location:
    United Kingdom
    Firm:
    RPC
    Financial fraud: data transfer “necessary for reasons of substantial public interest”
    2009-06-01

    In the matter of Bernard L Madoff Investment Securities LLC [2009] EWHC 442 (Ch), Mr Justice Lewison granted an application for the transfer of personal data in the possession of the joint provisional liquidators of a UK subsidiary to the trustee in bankruptcy of its parent company in the US, Bernard L Madoff Investment Securities LLC. The application was granted on the basis that it was necessary for reasons of substantial public interest.

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, McDermott Will & Emery, Whistleblower, Bankruptcy, Information privacy, Security (finance), Fraud, Personally identifiable information, Hedge funds, Liquidator (law), Subsidiary, European Economic Area, Sarbanes-Oxley Act 2002 (USA), Insolvency Act 1986 (UK), Data Protection Act 1998 (UK)
    Location:
    United Kingdom
    Firm:
    McDermott Will & Emery
    Vacationers Beware: Timeshare Exit Companies May Be Scammers, not Saviors
    2020-02-27

    Consumer Protection

    Vacationers Beware: Timeshare Exit Companies May Be Scammers, not Saviors

    Filed under:
    USA, Company & Commercial, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, Cozen O'Connor, Google
    Authors:
    Bernard Nash
    Location:
    USA
    Firm:
    Cozen O'Connor
    Data Privacy and Bankruptcy—Notable Bankruptcy Code Provisions and Bankruptcy Rules
    2019-09-13

    The Bankruptcy Protector recently discussed notable non-bankruptcy provisions that must be consulted to ensure compliance with privacy issues. In this post, we discuss notable Bankruptcy Code provisions and Bankruptcy Rules on these issues.

    Section 101(41) of the Bankruptcy Code—Personally Identifiable Information

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Data Privacy and Bankruptcy—Notable Non-bankruptcy Privacy Laws
    2019-09-10

    Privacy issues implicate several Bankruptcy Code sections and Bankruptcy Rules. The debtor must also comply with non-bankruptcy rules concerning privacy to the extent that such rules are not inconsistent with the Bankruptcy Code. 28 U.S.C. § 959(b).

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Nelson Mullins Riley & Scarborough LLP, Debtor, Big data, Due diligence, Federal Trade Commission (USA), Health Insurance Portability and Accountability Act 1996 (USA), Title 11 of the US Code
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Latest State Action: Washington AG Sues Debt Collectors
    2018-10-24

    Demonstrating heightened enforcement efforts by some state regulators, Washington Attorney General Bob Ferguson filed suit against a pair of debt collection companies and their owner, asserting the defendants were operating without a license in violation of state law.

    The lawsuit is only the latest example of state attorneys general (AGs) stepping in to fill the void as the Bureau of Consumer Financial Protection (CFPB) has slowed down its enforcement efforts.

    What happened

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Manatt Phelps & Phillips LLP, Fintech, Debt collection, Consumer Financial Protection Bureau (USA)
    Authors:
    Richard P. Lawson , Charles E. Washburn, Jr.
    Location:
    USA
    Firm:
    Manatt Phelps & Phillips LLP
    A decade later; could it happen again?
    2018-09-14

    On September 15, 2008, Lehman Brothers declared bankruptcy, an event considered by many to mark the beginning of the credit crisis of 2008–2009 and the unprecedented public policy responses that followed. Much has been written about the multiple contributing factors to the crisis, ranging from predatory lending to Federal Reserve interest rate policy.

    Filed under:
    USA, Banking, Capital Markets, Company & Commercial, Derivatives, Insolvency & Restructuring, IT & Data Protection, K&L Gates LLP, Fintech, Troubled Asset Relief Program, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Emergency Economic Stabilization Act 2008 (USA)
    Authors:
    Daniel F. C. Crowley , Bruce J. Heiman , William A. Kirk , Karishma Shah Page , Dean Brazier , Eli M. Schooley , Daniel S. Cohen
    Location:
    USA
    Firm:
    K&L Gates LLP

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