Bankruptcy law and privacy law may appear to be wholly separate areas of the law, but they overlap more than one might anticipate. Balancing individual rights and interests to achieve a social good is at the heart of both...more
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,...more
When a portfolio company underperforms, a sponsor may consider various options to address the perceived performance issues, including changes to a portfolio company’s management team, cost structure, capital structure or...more
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...more
Be careful what you’ve promised your customers…or what has been promised about data you buy! In today’s world, consumer data is a huge asset for companies across all industries, in particular those in...more
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’...more
NFL Scores Victory at Eighth Circuit, $42M Deal With Former Players Upheld - The Eighth Circuit Court of Appeals affirmed the $42 million settlement between the National Football League (NFL) and almost 25,000 former pro...more
RadioShack filed for Chapter 11 bankruptcy in Delaware bankruptcy court in February, seeking a court-supervised sale of $1.2 billion in assets. Included in the sale is a database of customer information from about 1,700...more
When it comes to customer data, privacy and value can be in direct competition. RadioShack’s latest move is a good example. Earlier this week, RadioShack, which filed Chapter 11 bankruptcy in February, commenced an...more
Cooley’s Corporate Restructuring & Bankruptcy Group was selected as co-counsel by the official committee of unsecured creditors in RadioShack’s chapter 11 proceedings, which began on February 5, 2014. Quinn Emanuel will also...more