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    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
    Banks and Bitcoin exchanges
    2015-06-29

    This is the fifth post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.  We have concluded that a hypothetical U.S.-based bitcoin exchange likely would not constitute a stockbroker or a 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Protection for “personally identifiable information” in bankruptcy sales
    2007-12-05

    The nature of online commerce requires the collection of information from individuals to identify the parties to individual transactions, transfer funds for payment, and ensure the delivery of the goods or services being acquired. Public concern about the potential for abuse of such information by online merchants gave rise to the development of so-called "privacy policies" that provide a measure of reassurance that information collected will be protected from unauthorized use and disclosure.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Consumer protection, Personally identifiable information, Consideration, Consumer privacy, Social Security number, Federal Trade Commission (USA), US Congress, US Code, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy Court Provides Guidance on Social Media Account Ownership
    2023-07-21

    The U.S. Bankruptcy Court for the Southern District of Florida created a three-factor test to help determine the ownership interests of social media accounts. The court in In re Vital Pharm[1] found that (1) documented property interests, (2) control over access, and (3) use, each play a role in establishing ownership over social media accounts.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Troutman Pepper, Social media
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper
    Why Companies and Lenders Should Care About Social Media Account Ownership?
    2023-06-26

    Social media accounts can have significant value. The ability to sell access to potentially millions of followers can affect a company’s sales price. A Florida bankruptcy court was recently faced with this issue.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Social media
    Location:
    USA
    Former Bang Energy Drink CEO Loses Bid to Control Social Media Accounts
    2023-06-26

    When he was appointed by the Eleventh Circuit, U.S. Bankruptcy Judge Peter D. Russin probably did not expect to have to decide who has rights to the Twitter, Instagram, and TikTok handles associated with social-media-forward energy-drink brands. But that is exactly what Judge Russin did in a recent opinion related to the bankruptcy of “Bang” energy drink’s manufacturer, Vital Pharmaceutical, Inc.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Patterson Belknap Webb & Tyler LLP, Chapter 11, US Bankruptcy Code
    Authors:
    Daniel A. Lowenthal , Maxwell K. Weiss
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Can You Chat Your Way to Relief from Stay?
    2023-04-10

    Bankruptcy lawyers recently gained access to a promising technology for improving the efficiency of tasks like drafting a motion for relief from stay. ChatGPT allows users to employ generative artificial intelligence by chatting with a chatbot on OpenAI’s website https://chat.openai.com/chat.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Nelson Mullins Riley & Scarborough LLP, Artificial intelligence, ChatGPT
    Authors:
    Gregory M. Taube
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    U.S. Court Authorizes Service of Subpoena on U.S. Nationals through Social Media While Prohibiting the Issuance of a Subpoena on Foreign Nationals Abroad
    2023-03-20

    Corrupt managerial behavior has been a driver in the collapse of the cryptocurrency market. Enforcing and defending claims against directors and officers, where the directors and officers are not living in the United States and may not be U.S. citizens, is a current judicial focus in the U.S. litigation system. In the Three Arrows Capital (“Three Arrows”) chapter 15 case, the U.S. Bankruptcy Court for the Southern District of New York (the “U.S.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Cryptocurrency
    Location:
    USA
    Key takeaways on Poland's new electronic insolvency procedure one year on
    2023-01-11

    It has been just over a year since the introduction of Poland's new electronic insolvency procedure. The new procedure, introduced on 1 December 2021, is generally conducted via an online platform, the National Debtors’ Register, and has brought about a revolutionary change to Polish insolvency procedure.

    Positive developments

    • Faster access to the court - Documents filed on the online platform are instantly disclosed to the judge and to the other parties involved. The court’s decisions are also delivered quickly to the parties.

    Filed under:
    Poland, Insolvency & Restructuring, Internet & Social Media, Litigation, Taylor Wessing, Insolvency
    Authors:
    Ewelina Stobiecka , Sebastian Morgała
    Location:
    Poland
    Firm:
    Taylor Wessing
    Key takeaways on Poland's new electronic insolvency procedure one year on
    2023-01-11

    It has been just over a year since the introduction of Poland's new electronic insolvency procedure. The new procedure, introduced on 1 December 2021, is generally conducted via an online platform, the National Debtors’ Register, and has brought about a revolutionary change to Polish insolvency procedure.

    Positive developments

    • Faster access to the court - Documents filed on the online platform are instantly disclosed to the judge and to the other parties involved. The court’s decisions are also delivered quickly to the parties.

    Filed under:
    Poland, Insolvency & Restructuring, Internet & Social Media, Litigation, Taylor Wessing, Insolvency
    Authors:
    Ewelina Stobiecka , Sebastian Morgała
    Location:
    Poland
    Firm:
    Taylor Wessing

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