New Privacy Laws' Unintended Impact On Bankruptcy Sales

Law360 (July 18, 2018, 2:50 PM EDT) -- As they scramble to comply with recently enacted privacy regulation in the European Union, namely the EU General Data Protection Regulation,[1] affected companies will soon face a second wave of similar regulations in the U.S. with the passage of California Assembly Bill 375).[2] That means rewriting website privacy policies, managing customer consents, adopting corporate compliance measures and generally worrying about enforcement penalties.

Overlooked for now — while economic times are good — is the impact of these laws on distressed asset purchases in bankruptcies. With the yield curve flattening, interest rates and geopolitical risks rising, and the economic cycle simply continuing,...

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