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    Second Circuit Holds Safe Harbor Defense Bars Creditors’ State Law Fraudulent Transfer Claims
    2016-03-29

    Creditors of a Chapter 11 debtor asserting “state law, constructive fraudulent [transfer] claims … are preempted by Bankruptcy Code Section 546(e),” held the U.S. Court of Appeals for the Second Circuit on March 29, 2016. In re Tribune Company Fraudulent Conveyance Litigation, 2016 WL ____, at *1 (2d Cir. March 29, 2016), as corrected.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, Debtor, Title 11 of the US Code, Second Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Beware of Violating Patient Privacy Laws in Bankruptcy Claim Filings
    2016-03-04

    Recent court filings highlight the need for health care providers to protect patient privacy by implementing specific procedures when filing claims in bankruptcy cases of their patients, as a matter of federal bankruptcy and other law. Last year, WakeMed, a Raleigh, North Carolina-based health care system, asserted a claim for $553.00 for unpaid medical services in a chapter 13 consumer bankruptcy case.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, Pillsbury Winthrop Shaw Pittman LLP
    Authors:
    Cecily A. Dumas
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Emerging Cybersecurity Company’s Distress Offers Important Lessons for Licensees and Lenders
    2016-01-20

    Last week, the United States Court of Appeals for the Sixth Circuit issued a decision in the case of Cyber Solutions International LLC v. Pro Marketing Sales, Inc. Although the decision blazes no new legal territory, the facts of the case and rulings offer important lessons for both lenders and licensees.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Litigation, Nutter McClennen & Fish LLP, Computer security, Sixth Circuit
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    Privacy policies and the sale of corporate assets: it pays to plan ahead to preserve the value of your data assets
    2015-10-19

    Personal data is a valuable corporate asset.  At times, the personal information collected from customers (such as email address, mailing address, phone number, etc.) can be a company’s most valuable asset.  Unfortunately, when a company attempts to sell this asset, it can find the value of the data significantly diminished due to promises made in a privacy policy the company implemented years before it ever contemplated such a sale.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Orrick, Herrington & Sutcliffe LLP, Information privacy, Personally identifiable information
    Authors:
    Amy G. Pasacreta , Matthew Fechik , Emily S. Tabatabai , Shea Gordon Leitch
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    The legacy of the RadioShack bankruptcy and the importance of PII
    2015-10-04

    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.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, IT & Data Protection, Proskauer Rose LLP
    Authors:
    David A. Munkittrick
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Transferring customer data in an asset sale
    2015-08-12

    Be careful what you’ve promised your customers…or what has been promised about data you buy!

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Pillsbury Winthrop Shaw Pittman LLP, Personally identifiable information
    Authors:
    Catherine D. Meyer , Michael P. Heuga , Gauri Manglik
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    State AGs demand changes to bankrupt RadioShack’s use of customer data
    2015-07-23

    Last month, bankrupt company RadioShack settled with a coalition of seventeen attorneys general to destroy most of the company’s customer data in its files. The agreement was part of a Bankruptcy Court-approved $26.2 million sale of RadioShack’s assets.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Hogan Lovells, Bankruptcy, Personally identifiable information
    Authors:
    Laurie Lai
    Location:
    USA
    Firm:
    Hogan Lovells
    “Never say never”: lessons from Radioshack’s sale of customer information
    2015-07-15

    When a bankrupt company’s most valuable assets include consumer information, a tension arises between bankruptcy policy aimed at maximizing asset value, on the one hand, and privacy laws designed to protect consumers’ personal information, on the other.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Morrison & Foerster LLP, Bankruptcy, Retail, State attorney general, Federal Trade Commission (USA)
    Authors:
    Larry Engel , Kristin A. Hiensch
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Developments in the rules governing Personal Identifiable Information may have unexpected consequences for lenders and other businesses
    2015-06-18

    Much has been written of late about data breaches and the liabilities for the unauthorized acquisition of Personally Identifiable Information (PII) from institutions, including financial institutions. But what about when the alleged “breach”--the release of information --is voluntarily and/or legally compelled? What are the risks for creditors who take collateral, in security for the repayment of debt, containing PII data? What are the risks to businesses when they transfer assets that include PII? What liabilities do they face? What are the rights of customers?

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Frost Brown Todd LLP
    Authors:
    Stephen E. Embry
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    RadioShack’s consumer data: a highly scrutinized asset
    2015-06-15

    Following the Texas Attorney General’s objection to the sale of RadioShack Corporation’s consumer data as an asset in its bankruptcy, 37 other state attorneys general and a large number of other consumer protection entities formally raised similar concerns. RadioShack, which filed for bankruptcy on February 5, 2015, revealed in a representative’s deposition on March 20, 2015 that it held personally identifiable consumer data of 117 million consumers, or 37% of the residential population of the United States.

    Filed under:
    USA, Texas, Insolvency & Restructuring, IT & Data Protection, Carlton Fields, Consumer protection
    Authors:
    Gavrila A. Brotz
    Location:
    USA
    Firm:
    Carlton Fields

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