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    “Why does Radio Shack ask for your phone number when you buy batteries?“
    2015-04-14

    Much has been written of late about data breaches and the liabilities for the unauthorized acquisition of Personally Identifiable Information (PII) from institutions. But what about when the alleged “breach”--the release of information --is voluntarily and/or legally compelled? What are the risks to businesses when they sell assets that include PII? What liabilities do they face? What are the rights of customers?

    Radio Shack – The pioneer of PII data collection

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Frost Brown Todd LLP
    Authors:
    Stephen E. Embry , Jennifer A. Rulon
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Preparing for the 341 meeting of creditors
    2015-04-14

    What you need to know about the 341 Meeting of Creditors

    Filed under:
    USA, Insolvency & Restructuring, DelCotto Law Group PLLC
    Authors:
    Clair Edwards
    Location:
    USA
    Firm:
    DelCotto Law Group PLLC
    Mandatory subordination: how even a money judgment can be treated like equity in bankruptcy
    2015-04-14

    When an insolvent entity files for bankruptcy, it can be tough to be a creditor. But holding equity — stock in a corporation or a membership interest in an LLC, a limited liability company — can be even worse. Under bankruptcy’s “absolute priority rule,” creditors generally must be paid in full before equity gets anything. That usually means that holders of equity, or claims treated as equity, get nothing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cooley LLP, Bankruptcy, Securities fraud
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    Changes to “flexible finality”? Civic partners and the Supreme Court oral argument in bullard
    2015-04-14

    On March 3, 2015, the Eighth Circuit issued an 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Eighth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy "essentials" in a low-price environment
    2015-04-14

    J. Paul Getty once said, “Formula for success: rise early, work hard, strike oil.” However, with crude oil prices nearly half of what they were a mere six months ago, Getty’s formula may not hold as true as it once did. In the latest EIA STEO Report (April 2015), the DOE projects oil prices for WTI to remain around or below $60 per barrel for the balance of 2015 and grow to $70 per barrel in 2016.

    Filed under:
    USA, Insolvency & Restructuring, Reed Smith LLP, Bankruptcy, Debtor, Collateral (finance), Natural gas, Commodity
    Authors:
    Paul B. Turner , Craig R. Enochs , Melissa A. McGoogan
    Location:
    USA
    Firm:
    Reed Smith LLP
    11th Circuit confirms position that non-consensual, third-party releases are permissible
    2015-04-15

    In a recent 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Eleventh Circuit
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Transferee liability: the lottery ticket/uranium contract rule
    2015-04-15

    Mano-Y&M Ltd. v. Field (In re Mortgage Store, Inc.), 773 F.3d 990 (9th Cir. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Due diligence
    Location:
    USA
    Firm:
    Troutman Pepper
    More on Stern: what does “de novo review” mean?
    2015-04-16

    “How was I supposed to know that something wasn’t right here … Show me how you want it to be.  Tell me baby ‘cause I need to know now…” – Britney Spears

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Standard of review, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Not necessarily lockstep: trustee’s compensation still subject to reasonableness requirement
    2015-04-16

    Compensation to be paid to a bankruptcy estate professional is many times subject to intense dispute. In the case of a bankruptcy trustee, section 326 of the Bankruptcy Code provides for a tiered system of compensation based upon the amount of money distributed by the trustee to parties in interest. However, as demonstrated by the recent decision in In re Virgin Offshore U.S.A., Inc., 2015 Bankr. LEXIS 233 (Bankr. E.D. La. Jan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Squire Patton Boggs
    Authors:
    Kristin E. Richner
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Big victory for new GM, but threats remain
    2015-04-16

    The bankruptcy court yesterday handed General Motors (New GM) an enormous victory that may end up shielding the company from up to $10 billion in potential legal liabilities. In his 138-page ruling, Bankruptcy Judge Robert Gerber held that a 2009 bankruptcy order allowing the sale of the assets of “old” General Motors (Old GM) to New GM shielded New GM from death and injury claims tied to defective ignition switches in older cars.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, General Motors, United States bankruptcy court
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs

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