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    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
    When Blockchain Immutability Meets Bankruptcy
    2019-07-19

    This article was first published in Digital Asset.

    “Immutable” is a term that is frequently used when people talk about blockchain and the benefit of using this technology for record-keeping.

    Filed under:
    Global, Banking, Insolvency & Restructuring, IT & Data Protection, King & Wood Mallesons, Blockchain
    Location:
    Global
    Firm:
    King & Wood Mallesons
    Latitude: Ogier's restructuring and corporate recovery digest, June 2021
    2021-06-23

    Across the world, government support has kept insolvency rates down but as jurisdictions look to loosen restrictions and ease back into some kind of normality, governments can't foot the bill forever.

    As financial support is withdrawn, restructuring, insolvency and corporate recovery practitioners will likely see a spike in activity, and offshore firms are braced for an increase in demand from clients. After that, there'll likely be lender enforcement resulting in formal insolvencies by the end of the year and into next year.

    Filed under:
    Jersey, Banking, Insolvency & Restructuring, IT & Data Protection, Ogier, Cryptocurrency
    Location:
    Jersey
    Firm:
    Ogier
    INSOL Europe insights: cryptoassets and insolvency
    2021-06-21

    It's probably becoming a cliché to say that the future is already here, but it's hard to resist. New technology increasingly pervades every professional sector, including that of insolvency.

    In a recent report by the Law Society on developing technology, the Chancellor of the High Court, Sir Geoffrey Vos, commented that: "Lawyers face a steep learning curve. They will need to become familiar with […] cryptoassets – conceptually and functionally."

    Filed under:
    Japan, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Ogier, Blockchain, Bitcoin, Cryptocurrency
    Authors:
    Alex Horsbrugh-Porter
    Location:
    Japan
    Firm:
    Ogier
    Charting New (and Familiar) Territory: The Voyager Crypto Bankruptcy
    2022-07-18

    Voyager Digital Assets Inc., along with two of its affiliates, filed bankruptcy petitions in the Southern District of New York on July 5, 2022. The filing is significant—it followed months of an extreme downturn in the cryptocurrency sector which led to the collapse of Three Arrows Capital, a Singaporean cryptocurrency hedge fund (that borrowed $350 million and 15,250 Bitcoins from Voyager).

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Blockchain, Bitcoin, Cryptocurrency
    Location:
    USA
    3 Guidelines to Maximize Value of Data
    2016-10-24

    Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive advantages that distinguish you from competitors. You decide to talk about how you know your customers better than the competition, including who they are, what they need, and how your products and services fit their needs and desires. The interviewer, being somewhat cynical, asks “Aren’t you worried about the liabilities involved with collecting all that data?”

    Filed under:
    USA, California, Massachusetts, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Mintz
    Location:
    USA
    Firm:
    Mintz
    Don't forget the consumer privacy ombudsman in bankruptcy proceedings
    2009-11-20

    The dispute over the disposition of customer records held by the "Clear" airport traveler program casts a spotlight once again on the handling of consumer personal data when a business falls on hard times. In such circumstances, the desire of the debtor to preserve or maximize the value of its business assets can conflict with legitimate privacy interests of individuals who were customers of the business.

    Filed under:
    USA, New York, Insolvency & Restructuring, IT & Data Protection, Litigation, Wiley Rein LLP, Bankruptcy, Shareholder, Information privacy, Retail, Debtor, Consumer protection, Class action, Personally identifiable information, Preliminary injunction, Consumer privacy, Social Security number, Title 11 of the US Code, Federal Trade Commission (USA), US Congress, US District Court for SDNY
    Location:
    USA
    Firm:
    Wiley Rein LLP
    International review - May 2016
    2016-05-31

    FI and D&O Since our last update, there have been significant developments in the FI and D&O landscape. November saw the first ever UK deferred prosecution agreement (DPA) announced between the SFO and Standard Bank. The DPA process has been available but unused since 2014 so the judgment and the SFO’s comments thereafter provided some much needed guidance on what the process involved. Significantly, weight was placed on Standard Bank’s early self-reporting and cooperation.

    Filed under:
    Australia, Canada, OECD, United Kingdom, USA, Delaware, Capital Markets, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Planning, White Collar Crime, Clyde & Co LLP, Financial Conduct Authority (UK)
    Location:
    Australia, Canada, OECD, United Kingdom, USA
    Firm:
    Clyde & Co LLP
    Privacy vs. bankruptcy: case lesson on when customer data is not for sale
    2011-09-23

    On September 21, 2011, FTC Bureau of Consumer Protection Director David Vladeck sent a letter to the court appointed consumer privacy ombudsman in the Borders Group, Inc. (Borders) bankruptcy proceeding advising against the sale of Border's customer information absent customer consent or significant restrictions on the transfer and use of the information.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Kelley Drye & Warren LLP, Credit card, Bankruptcy, Retail, Consumer protection, Interest, Personally identifiable information, Data, Consent, Liquidation, Consumer privacy, Federal Trade Commission (USA)
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Disputes Digest - April 2017
    2017-04-18

    Issue 6 | April 2017 Disputes Digest 2 | Disputes Digest Corporate counsel’s guide to the key cases of 2016 (litigation) Corporate counsel’s guide to the key cases of 2016 (arbitration) Singapore targets effi ciency in investment arbitration proceedings Does the MasterCard class action mark the dawn of a new era in UK litigation?

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, Arbitration & ADR, Banking, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Trade & Customs, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, HM Revenue and Customs (UK), Court of Appeal of England & Wales
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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