Is Anything Private Anymore?
 Our world is quickly shifting. Technology allows for advances in legal efficiency, such as paperless Bates stamping, e-discovery, and online filing of court documents; it also creates legal uncertainty.
For example, are tweets on Twitter that are removed by the user subject to a subpoena? That answer is a resounding "Yes" according to a New York Judge who ruled last week that tweets are just like bank and phone records and must be turned over during account searches. This same rationale could arguably translate to blog posts and data held on your sites. What data might you be responsible for retaining, especially given the Dodd-Frank Act?
At Glass & Goldberg we pride ourselves on staying up-to-date with the most current legal development and how they impact our clients' business. For this reason, I have become a Certified Information Privacy Professional (CIPP/US), the preeminent credential in the field of privacy. I hope to convey my knowledge and understanding of U.S. privacy laws to help your company avoid legal uncertainty in these times of quickly accelerating global change.
Warmest regards,
Daniel Goldberg
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How Dodd Frank Sec. 1071 Could Stifle Lending By Requiring Banks To Report Statistics the Banks Themselves Aren't Supposed To Track
Section 1071 of the massive Dodd-Frank legislation could burden bankers with suffocating regulatory requirements that threaten to stifle lending to small businesses. Essentially, Section 1071 sets out reporting requirements that would force all banks and credit unions to inquire of every applicant for a commercial loan whether they are woman-owned, minority-owned or a small business. Read More
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Creditors can force the Debtor to fast-track its Single Asset Real Estate Chapter 11 case
The reorganization provisions of Chapter 11 of the U.S. Bankruptcy Code can afford a business protection from creditors and an opportunity to restructure debt obligations. Read More
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| A Debtor Must Provide Secured Creditors the Opportunity to Credit-Bid at a Sale Contemplated by a Cram-Down Plan of Reorganization.
A recent U.S. Supreme Court decision put an end to a split between federal circuit courts, holding that a debtor cannot gain court approval of a Chapter 11 reorganization plan over the objection of a secured class if the plan proposes to sell a creditor's collateral free and clear of liens without allowing the creditor an opportunity to 'credit-bid' at the auction. Read More
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Bankruptcy Automatic Stay Terminates on ALL of Creditor's Secured Personal Property, Regardless of Whether Identified On Debtor'[s Schedules, Where Debtor Fails to Timely File a Statement of Intention Regarding the Property and Trustee Fails to Object to Creditor's Stay Relief Motions
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's decision to grant relief from stay to a creditor where certain factors aligned in the creditor's favor.
On June 21, 2012, the court adopted the bankruptcy appellate panel's decision. The panel held that the lower bankruptcy court correctly granted Western Capital Partners, LLC's (Western Capital's) motion for relief from stay, effectively allowing Western Capital to repossess personal property belonging to the debtor that was not specifically identified in the Debtor's schedules as securing the debt. Read More
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Court Allows Proof of Debt Despite Lost Promissory Note
The Ninth Circuit U.S. Bankruptcy Appellate panel has determined that a "Lost Note Affidavit", with the endorsement in blank appearing on its face, is sufficient to replace a promissory note where the original note was lost. Read More
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July 2012
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