Happy National ESIGN Day! Eighteen years ago this week, Congress passed the Electronic Signatures in Global and National Commerce Act, ensuring the legal validity of contracts entered into using electronic signatures and records. National ESIGN Day was established by Senate Resolution 576 and House Concurrent Resolution 290 on June 30, 2010.
A fact of business today is that customers – both consumers and other businesses – and employees expect to transact digitally. To remain competitive, companies find themselves increasing their efforts to digitally transform their businesses.
"In God we trust. All others must bring data.” — W. Edwards Deming
With data being the new “coin of the realm,” those who control and exploit data have a winning advantage over competitors. This piece focuses on control of data in the unique situation of a cloud hosting provider’s bankruptcy.
The UK Court of Appeal recently considered the liability of issuers to secondary market investors under the Misrepresentation Act 1967 (the “1967 Act”) in the case of Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S) (In bankruptcy) [2016] EWCA Civ 1262. The Court found that primary and secondary investors could potentially be entitled to rely on online content, such as product presentations, which have been published in a deliberate manner, particularly if the issuer directs investors to the content.
The topic of net neutrality has continued to be at the forefront of public discourse over recent years. This is the result of the FCC’s repeated attempts to impose regulations designed to protect consumers while at the same time telecom companies seek to control their product and the services they provide without what they contend is burdensome regulation. This summer, in U.S. Telecommunication Association v. FCC, the D.C.
If you believe the hype, it is only a matter of time before brick and mortar retail succumbs to its online competitors.
Editor’s Note: One of the many fascinating things about restructuring work is its willingness to evolve by borrowing from other areas of the law. Just as business practices change, new financing techniques evolve, and transactions become more complex, the bankruptcy world must adapt as well, to allow for a well functioning insolvency system and not a stilted, out of date process. To that end, we at The Bankruptcy Cave love finding curious decisions in tangential fields of the law, and thinking about how they may change bankruptcy practice, or how bankruptcy pract
A clash between Netflix and Relativity Media in bankruptcy court has made public some interesting behind-the-scenes business dealings between the two companies, and in the process shed some light on the evolution of Netflix’s business and of online distribution generally.
From 6 April 2016 an application for an individual resident in England and Wales to go bankrupt will be an online procedure (in Northern Ireland, the changes will apply from November 2016). This change was brought about by the Enterprise and Regulatory Reform Act 2013.
A debtor will complete an online application to be reviewed by a newly created “Adjudicator”, where previously an application was made in person to the Court. As a result of the changes the court will only be involved in a minority of cases involving an appeal or a post-order application, thus freeing up court time.
In the recent UK case of Wright and others v HMV Ecommerce Limited and another [2019] EWCH 903, the Court considered whether an electronic filing (e-filing) of a notice of appointment of administrators by directors outside the court’s opening hours was valid.
Background